MARCH 11, 2025, 7:00 PM
CITY COUNCIL/SUCCESSOR AGENCY AGENDA
CITY COUNCIL CHAMBERS, 150 CITY PARK WAY
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* City Council Members will be participating from the Council Chamber. Members of the public are invited to attend and participate at: the Council Chambers, 150 City Park Way, Brentwood CA As a courtesy and technology permitting, members of the public may provide remote public comment during public hearings and on business items via the City’s Zoom Platform. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue. In addition, the Zoom participation option is provided to the public as a courtesy in order to facilitate participation. If Zoom participation is not enabled, the meeting will continue with public attendance in person only. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.
HOW PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:
1. IN PERSON:
a. Members of the public can provide in-person comments in the Council Chambers.
Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chambers will have seating available for members of the public to attend in person up to full seating capacity.
2. REMOTE (if enabled): Remarks by members of the public participating via Zoom are limited to speaking on items listed under public hearings; business items; and requests for future agendas items, existing requests. Zoom participation during the general public comment period will not be accepted, except in the event a City Council Member is participating remotely under the provisions of Government Code § 54953 (f). a. Zoom: www.brentwoodca.gov/vcc or Zoom Webinar ID: 760 1397 0037 b. Zoom Phone Numbers. Dial Toll Free: (833) 548-0276 or (833) 548-0282 or (877) 853-5247.
c. During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. (If you need instructions on how to use this feature, please contact the City Clerk by noon of the meeting date at [email protected] or 925.516.5182.)
3. E-MAIL
a. Public comments can also be submitted via e-mail to [email protected].
Any public comments received up until 3:00 p.m. of the meeting date will be:
1. distributed to the Council via email before the meeting,
2. posted online for public inspection at www.brentwoodca.gov/meetings and
3. later summarized in the meeting minutes.
b. As e-mails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your e-mail.
4. TO WATCH OR LISTEN ONLY:
a. The public may view the meeting via one-way video feed by selecting the video option at the City Council Agendas’ link on the City webpage at www.brentwoodca.gov or via the City’s YouTube Channel: https://www.youtube.com/c/cityofbrentwoodca
CITY COUNCIL/SUCCESSOR AGENCY AGENDA
Zoom Webinar ID: 760 1397 0037
March 11, 2025, 7:00 p.m.
City Council Chambers
150 City Park Way
Brentwood, CA 94513
City Council Zoom Link
A. CALL TO ORDER & ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. PUBLIC COMMENTS
Pursuant to Council/Administrative Policy, Meeting Rules and Procedures section 5.2 (Decorum Generally – Public), comments by members of the public are generally limited to five minutes, or less time if a large number of speakers is anticipated, or if approved by the Mayor. Speakers desiring answers to questions should direct them to the Council/Successor Agency and, if relevant, they may direct them to the appropriate staff member. Speakers can also follow up directly with staff during regular City business hours.
Please file a speaker’s card with the City Clerk on the form provided on the counter at the back of the Chambers.
During this portion of the meeting those present in the Council Chambers are permitted to speak on items that are listed under Presentations; Informational Reports; Consent Calendar; Requests for Future Agenda Items- New Items; or items not on the agenda during this portion of the meeting. Public comments for scheduled agenda items should wait until that time.
Zoom participation during this general public comment period will not be accepted.
D. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES, LIAISONS, AND STAFF This portion of the agenda is to provide an opportunity for Council Members to report on attendance at events, subcommittee meetings, and entities on which the Council Member has been appointed as a liaison and for staff to provide brief updates and/or information to the City Council.
E. CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by one motion. If discussion is required, that particular item will be removed from the consent calendar and will be considered separately.
E.1 City Council Meeting Minutes
City Council Meeting of February 25, 2025
E.2 A Proclamation Recognizing March 2025 as Red Cross Month E.3 A Proclamation Recognizing March 18, 2025, as National Agriculture Day E.4 A Proclamation Recognizing March 21, 2025, as World Down Syndrome Day E.5 A Proclamation Recognizing March 29, 2025, as National Vietnam War Veterans Day E.6 A Proclamation Recognizing March 31, 2025, as National Farm Workers Day E.7 Second reading of an ordinance approving a Zoning Text Amendment (RZ 24-008) to update the Brentwood Municipal Code to comply with state law as required by the City’s adopted Housing Element implementation policies.
Title/Recommendation
Waive the second reading of and adopt Ordinance 1084 approving an amendment (RZ 24- 008) to the Brentwood Municipal Code, needed to comply with state law as required by the City’s Housing Element Implementation Programs including but not limited to: H.1l (Farmworker and Employee Housing); H.1p (Replacement Housing); H.1r (Parking Standards for Studios and 1-Bedroom Units); H.1s (CUP and Design and Site Development Review Findings); H.4h (Low-Barrier Navigation Center); H.4j (Single-Room Occupancy (SRO) Units); H.4k (Emergency Shelters); H.4l (By-Right Permanent Supportive Housing (AB 2162)); H.4m (Reasonable Accommodations); H.4n (Definition of Family); and H.4o (Residential Care Facilities).
The text amendments are exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that there is no possibility that it may have a significant effect on the environment.
E.8 Consideration of 2025 Arts Commission Commissioner Recommendations and Appointments
Title/Recommendation
Consider Mayor Meyer’s recommendation of two new Arts Commissioners, Rosa Gascoigne and Riannon Thomas, for appointment to three-year terms expiring on December 31, 2027.
E.9 Approve a MOU with John Marsh Historic Trust Interpretive Center for a Funding Request of $7,000
Title/Recommendation
Adopt a resolution approving a Memorandum of Understanding (“MOU”) between the City of Brentwood (“City”) and John Marsh Historic Trust (“JMHT”) regarding a payment of $7,000 towards the John Marsh Interpretive Center.
F. BUSINESS ITEMS
Persons addressing the City Council using Zoom are asked to raise their hands using the Zoom feature. Those attending in person and wishing to address the Council may do so from the podium. The Council may adopt reasonable regulations at the onset of each business item to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the item shall follow the protocol for Public Comments. Public comment on each of the following items is limited to what is described in the specific agenda item.
F.1 Award of Contract to Robert A. Bothman Inc. for the Sand Creek Sports Complex Phase 1A Project, CIP Project No. 352-52446; amending the FY 2024/25 – 2028/29 Capital Improvement Program (CIP); and amending the FY 2024/25 Operating Budget Title/Recommendation
Adopt a Resolution 1) approving the contract documents, awarding the bid, and authorizing the City Manager or designee to execute a construction contract and necessary documents, including the use of contingency amounts, for the Sand Creek Sports Complex Phase 1A Project, CIP Project No. 352-52466 to Robert A. Bothman, Inc., dba Robert Bothman Construction, as the lowest responsible and responsive bidder in the amount of $18,285,788, plus funding authorization for a 10% contingency amount of $1,828,579, for a total authorization not to exceed amount of $20,114,367, 2) amending the FY 2024/25 – 2028/29 Capital Improvement Program (CIP), and 3) amending the FY 2024/25 Operating Budget for the associated project funding transfers.
On August 13, 2024, by Resolution No. 2024-88, the City Council adopted the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan prepared for the Sand Creek Sports Complex Project. A Notice of Determination was filed with the Contra Costa County Clerk Recorder on August 16, 2024.
F.2 Approve an agreement with PG&E for electrical design services for the Sand Creek Sports Complex Project, CIP Project No. 352-52446.
Title/Recommendation
Adopt a Resolution approving and authorizing the City Manager to execute an agreement with PG&E in the amount of $59,614, plus a contingency of $8,942, for a total not to exceed amount of $68,556 for electrical design services for the Sand Creek Sports Complex Project, CIP Project No. 352-52446 (“Project”).
On August 13, 2024, by Resolution 2024-88, the City Council approved and adopted the Initial Study and Mitigated Negative Declaration for the Sand Creek Sports Complex project.
F.3 Update and receipt of City Council direction on the Vineyards at Marsh Creek - Event Center/Amphitheater Project Phases
Title/Recommendation
Receive an update on the Vineyards at Marsh Creek - Event Center/Amphitheater Phase I, CIP No. 337-37231, (“Project”), discuss and provide direction regarding the Project phases, including the use of associated funds.
F.4 Approve an agreement with Flock Group, Inc. in the amount of $240,000 over a two-year term; and amend the FY 2024/25 and 2025/26 Operating Budgets.
Title/Recommendation
Adopt a Resolution approving and authorizing the City Manager or designee to execute an agreement and necessary documents with Flock Group, Inc. (“Flock”) in the amount of $218,550, plus an additional $21,450 for contingencies, for a total not to exceed amount of $240,000 over a two-year term for the purchase of hardware and software for Automatic License Plate Readers (ALPR) and surveillance cameras; and amending the FY 2024/25 General Fund Operating Budget in the amount of $120,000 and the FY 2025/26 General Fund Operating Budget in the amount of $103,500.
F.5 Accept Accessory Dwelling Unit Grant; and amend the 2024/25 Operating Budget Title/Recommendation
Adopt a Resolution amending the 2024/25 Other Grants Fund Operating Budget in the amount of $121,195.00 for the grant revenue and expenditures to allow distribution of up to $121,194.85 in Program grant funds.
F.6 Approve an Agreement for Lighting, Stage and Sound with Full Force Audio for $136,500 Title/Recommendation
Adopt a Resolution approving and authorizing the City Manager or designee to execute an agreement for stage, sound and lighting services with Full Force Audio for specialized equipment and services for the City’s Concerts in the Park series and Juneteenth event, in an amount not to exceed $136,500 for FY 2024/25 - FY 2026/27.
G. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Council Members wishing to have an agenda item placed on a future agenda shall make a request under this section of the agenda. These items will be included on the agenda for the next Council meeting
H. REQUESTED FUTURE AGENDA ITEM(S)
H.1 Consider a request from Vice Mayor Pierson and Council Member Mendoza requesting a report for discussion on all City parks, including the Amphitheater, that need funds and improvements and return with a plan to apply for eligible Prop 4 bond funds Title/Recommendation
That the City Council consider and discuss the request from Vice Mayor Pierson and Council Member Mendoza requesting a report on all City parks, including the Amphitheater, that need funds and improvements, and return with a plan to apply for eligible Prop 4 bond funds.
I. ADJOURNMENT
Any disclosable public records related to an agenda item for the open session of this meeting distributed to all or a majority of the City Council less than 72 hours before this meeting is available for inspection at City Hall, located at 150 City Park Way, during normal business hours.
These writings will also be available for review at the City Council meeting in the public access binder in the entrance of the City Council Chambers.
Public comments received after 3:00 p.m. of the meeting date, but prior to the start of the meeting, will be emailed to the City Council, posted online at www.brentwoodca.gov/councilmeetingonline within one day following the meeting, and will be summarized in the meeting minutes.
The Closed Captioning provided via Zoom is auto generated. It is not the official record and is provided as a convenience.
If you challenge the any of the matters listed under 'Public Hearings' in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Brentwood City Council at, or prior to, the public hearing
NOTICE
In compliance with the Americans with Disabilities Act, the meeting room is wheelchair accessible and disabled parking is available at the City Hall parking lot. If you are a person with a disability and you need disability-related modifications or accommodations to participate in this meeting, please contact the City Clerk's Office at (925) 516-5440 or fax (925) 516-5441. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. {28 CFR 35.102-35, 104 ADA Title II}
POSTING STATEMENT
On March 6, 2025, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov
A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov
1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
February 25, 2025, 7:00 p.m.
A. CALL TO ORDER & ROLL CALL
Mayor Meyer called the meeting to order at 7:02 p.m.
Roll Call found the following members present: Maloney, Pierson, Mendoza, Oerlemans, and Mayor Meyer.
B. PLEDGE OF ALLEGIANCE
Mayor Meyer led the Pledge of Allegiance.
C. PUBLIC COMMENTS
Mayor Meyer opened public comments.
Tammy Zickuhr, President of Vasco Forever Helping Families (VFHF), spoke asking for the City's support in their efforts in making Vasco Road safer.
Kyle Conley, Business Director of Ghostlight Theater Ensemble, spoke in support of the City building an indoor amphitheater. Kyle Conley also submitted his comments in writing to the City Clerk in advance of the City Council meeting.
Yildez spoke regarding issues related to goats at Deer Ridge Golf Course.
Carena Helvey provided an update on behalf of the Brentwood Youth Commission.
Chris Juarez spoke regarding amending the Downtown Specific Plan to allow tattoo shops to be located in the downtown area.
Ray Cole spoke in support of Diversity Equity and Inclusion (DEI) programs.
Clifton Fagerquist spoke regarding issues related to goats at Deer Ridge Golf Course.
Vincent Wells, President of Firefighters Local 1230 in Contra Costa, spoke in support of rebuilding the fire station on 1st Street.
Phil Pezzella from American Legion Post 202, spoke in support of a new fire station in Brentwood, but not at the proposed downtown location.
Paul Radliff spoke about the costs associated with possibly relocating fire station 94 and who should be responsible for those costs.
Mike Meyokovich, Jr., Vice Commander of Veterans of Foreign Wars, spoke in support of a new fire station in Brentwood, but not at the downtown location.
2 Roger Cocksedge, Chaplain, spoke in support of a new fire station in Brentwood, but not at the downtown location.
Travis Martin, Commander of Brentwood Veterans of Foreign Wars, spoke in support of a new fire station in Brentwood, but not at the downtown location.
Michael Clement, member of American Legion Post 202 and VFW, spoke in support of a new fire station in Brentwood, but not at the downtown location.
Don H. spoke in support of a new fire station in Brentwood, but not at the downtown location.
Dolores Long requested the City perform a full CEQA and traffic study prior to allowing the rebuilding of a fire station in the downtown area.
Danny Dohrmann spoke in support of protecting Veterans and in opposition of amending the Downtown Specific Plan.
Holley Bishop requested that the Council review the City's Municipal Code regarding chickens in residential areas and spoke about water quality.
Daniel Duran spoke to request soil testing at the site of the former downtown fire station.
Carolina Villaseca spoke in support of Brentwood Veterans. Carolina also submitted written comments to the City Clerk in advance of the City Council meeting in support of Diversity, Equity and Inclusion.
Erika spoke against the continuation of the City's Diversity Equity Belonging and Inclusion (DEBI) Committee.
Melissa Van Ruiten spoke in support of the City's DEBI Committee.
Cheri Waller spoke against the continuation of the City's DEBI Committee.
Daphne Muse submitted written comments to the City Clerk in advance of the City Council meeting supporting Diversity, Equity, and Inclusion.
There being no additional speakers, Mayor Meyer closed public comments.
D. PRESENTATIONS
There were no presentations.
E. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,
LIAISONS, AND STAFF
Council Member Oerlemans reported on attendance at a meeting with Contra Costa County Deputy Fire Chief, Aaron McAlister; Ad-Hoc Budget and Debt Management Committee meeting; a meeting with Tamara Weber; watched the Diversity Equity Belonging and Inclusion (DEBI) Committee meeting; Police Activities League (PAL) Crab Feed Sub-Committee meeting; a meeting with the Downtown Brentwood Coalition; a meeting with County Supervisor Diane Burgis; a meeting with Assembly Member, Anamarie Avila Farias;
3 Brentwood Chamber Ribbon Cutting for Vineyard Academy, Downtown Farmer's Market; and Heritage High School's Lunar New Year celebration.
Council Member Maloney reported on attendance at a meeting with a community member; the DEBI Committee meeting; the Ad-Hoc 2025 Commissions Interview Committee for Art Commissioners; Downtown Farmer's Market; Heritage High School's Lunar New Year celebration; and a meeting with the Assistant Manager of Streets of Brentwood.
Council Member Mendoza reported on attendance at the Contra Costa County Mayor's Conference in Moraga; El Timpano Equitable Information and East Contra Costa webinar; a meeting with Contra Costa Water District Representative, Antonio Martinez; a meeting with County Supervisor Diane Burgis; a meeting with Assembly Member, Anamarie Avila Farias; the Cal Cities Latino Caucus Board meeting; Cal Cities Caucus Sub-Committee meeting; the Liberty Band Boosters Crab Feed, the John Marsh Historical Trust meeting; the DEBI Committee meeting; the Age and Disabilities Friendly Communities Committee meeting; the Ad-Hoc Budget and Debt Management Committee meeting; watched the Park Commission interviews; and attended Heritage High School's Lunar New Year celebration.
Vice Mayor Pierson reported on attendance at a meeting with the Veterans at the Brentwood Veterans Memorial Building; a meeting with City Manager Tim Ogden, Mayor Meyer, and Police Chief Herbert on police training and transparency; Contra Costa County Mayors' Conference in Moraga; Age and Disabilities Friendly Communities Committee meeting; Downtown Farmer's Market; Heritage High School's Lunar New Year celebration; a tour at Delta Energy Center; the DEBI Committee meeting; and an interview with National Broadcasting Company (NBC) Bay Area.
Mayor Meyer reported on attendance at El Timpano Equitable Information and East Contra Costa webinar; a meeting with City Manager Tim Ogden, Vice Mayor Pierson, and Police Chief Herbert on police training and transparency; a meeting with the Veterans at the Brentwood Veterans Memorial Building; the Contra Costa County Mayors' Conference in Moraga, a meeting with Contra Costa Water District Representative, Antonio Martinez; watched the DEBI Committee meeting; an interview with NBC Bay Area; a meeting with County Supervisor Diane Burgis; watched the Contra Costa Transportation Authority board meeting; the Ad-Hoc 2025 Commissions Interview Committee for Art Commissioners; an orientation for the East Contra Costa County Habitat Conservancy; a Community Day of Service planning meeting; and an Age and Disabilities Friendly Communities Committee meeting.
F. CONSENT CALENDAR
Vice Mayor Pierson requested to pull item F.7 for further discussion Moved by: Jovita Mendoza, Council Member
Seconded by: Tony Oerlemans, Council Member
4 Adopted the Consent Calendar as recommended by staff with the exception of item F.7.
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
F.1 Meeting Minutes of the City Council
F.2 Proclamation Recognizing March 2025 as Women's History Month The Council recognized March 2025, as Women's History Month.
Mayor Meyer presented the proclamation and recognized all women present in the Council Chamber.
F.3 Proclamation Recognizing March 2025 as Developmental Disabilities Awareness Month/All Abilities Month
The Council recognized March 2025, as Developmental Disabilities Awareness Month/All Abilities Month.
Mayor Meyer presented the proclamation for Melissa McCarthy.
F.4 Proclamation Recognizing March 2025 as Prescription Drug Abuse Awareness Month
The Council recognized March 2025, as Prescription Drug Abuse Awareness Month.
F.5 Second reading of a zoning text amendment (RZ 24-009) to various sections of the Brentwood Municipal Code, including amending Section
17.030.030, repealing Section 17.100.005, adding Chapter 17.715 Adopted Ordinance No. 1083, approving a zoning text amendment (RZ 24-009) to various sections of the Brentwood Municipal Code for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), in compliance with State planning law.
F.6 An Amendment to the Agreement with Robertson-Bryan, Inc. for environmental compliance services for the Solid Waste Organics Diversion Project and the Water and Wastewater Laboratory Project Adopted Resolution 2025-17 approving and authorizing the City Manager or his designee to execute Amendment No. 1 to the Agreement with Robertson-Bryan, Inc. for environmental compliance services for the Solid Waste Organics Diversion, CIP Project No. 542- 54021 (“SW Project”), and the Water and Wastewater Laboratory, CIP Project No. 592-59207 (“Laboratory Project”), in the amount of $26,324 for a total not to exceed agreement amount of $278,899.
5 F.7 Purchase 15 replacement vehicles and five new vehicles, and authorize the City Manager or designee to execute any necessary associated documents in a total amount not to exceed $1,134,200
Casey Wichert, Director of Public Works, and Scott Dempsey, Fleet Manager, presented the item.
Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Vice Mayor
Adopted Resolution 2025-18 approving the purchase of 15 replacement vehicles (three Ford Escapes for Community Development and Information Systems, one Ford F150 truck for the Police Department, three Ford F250 Super Duty trucks for Public Works, eight Police Interceptors for the Police Department) and five new vehicles (one Ford Escape for Community Development and two Ford Rangers for Parks and Recreation Department and Public Works, one Ford F150 truck for Public Works and one Ford F250 Super Duty truck for Public Works) from Bill Brandt Ford in Brentwood, CA; and authorizing the City Manager to execute any necessary associated documents in a total amount not to exceed $1,134,200 for fiscal year 2024/25.
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
G. PUBLIC HEARINGS
G.1 Waive the first reading and introduce an ordinance approving a Zoning Text Amendment (RZ 24-008) to update the Brentwood Municipal Code to comply with state law as required by the City’s adopted Housing Element implementation policies
Mayor Meyer recommended moving to Item G.1 following the Council's decision on Item J.1.
Jennifer Hagen, Senior Planner, presented the item.
Mayor Meyer opened the public hearing.
There being no one wishing to speak on this item, Mayor Meyer moved to close the public hearing, and the Council unanimously voted to close public hearing.
Moved by: Pa'tanisha Pierson, Vice Mayor
Seconded by: Tony Oerlemans, Council Member
Waived the first reading and introduced Ordinance 1084 approving an amendment (RZ 24-008) to the Brentwood Municipal Code, needed to
6 comply with state law as required by the City’s Housing Element Implementation Programs including but not limited to: H.1l (Farmworker and Employee Housing); H.1p (Replacement Housing); H.1r (Parking Standards for Studios and 1-Bedroom Units); H.1s (CUP and Design and Site Development Review Findings); H.4h (Low-Barrier Navigation Center); H.4j (Single-Room Occupancy (SRO) Units); H.4k (Emergency Shelters); H.4l (By-Right Permanent Supportive Housing (AB 2162)); H.4m (Reasonable Accommodations); H.4n (Definition of Family); and H.4o (Residential Care Facilities).
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
H. BUSINESS ITEMS
H.1 Accept the Classification and Compensation Reports prepared by Koff & Associates, a Division of Gallagher Company, for a citywide Classification and Compensation Study
Sukari Beshears, Director of Human Resources/Risk Manager, and Katie Kaneko with Koff & Associates presented the item.
Mayor Meyer opened public comments.
One written comment was submitted anonymously to the City Clerk in advance of the City Council meeting opposing the Classification and Compensation Report.
There being no one wishing to speak on this item, Mayor Meyer closed public comments.
Moved by: Tony Oerlemans, Council Member
Seconded by: Faye Maloney, Council Member
The City Council, by motion, accepted the Classification and Compensation Reports prepared by Koff & Associates, a Division of Gallagher Company, for a citywide Classification and Compensation Study, with the addition of a correction to one Community Development position.
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
H.2 Migrate Maintenance Connection from City’s servers to Maintenance Connection Cloud; authorize the City Manager to execute an
7 agreement and any necessary documents for a total not to exceed amount of $344,188.64 over a five-year term with Accruent The City Council recessed at 11:19 p.m. and reconvened in open session at 11:23 p.m.
Casey Wichert, Director of Public Works, presented the item.
Mayor Meyer opened public comments.
There being no one wishing to speak on this item, Mayor Meyer closed public comments.
Moved by: Faye Maloney, Council Member
Seconded by: Tony Oerlemans, Council Member
Adopted Resolution 2025-20 approving the migration of Maintenance Connection (MC), a Computerized Maintenance Management System (CMMS), from the City’s servers to MC Cloud; authorizing the City Manager or designee to execute an agreement and any necessary documents in an amount not to exceed $344,188.64 over a five-year term for the MC Cloud migration, annual subscriptions and technical support with Accruent.
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
H.3 Memorandum of Understanding with Grace Arms of Antioch Midnight Basketball League
Mayor Meyer recommended moving to Item H.3 following Council's decision on Item F.7.
The City Council recessed at 8:51p.m. and reconvened in open session at 9:03 p.m.
Thien Nguyen, Recreation Manager, Kerry Breen Director of Finance and Information Services/City Treasurer, and Darin Gale, Assistant City Manager/Interim Director of Parks and Recreation, presented the item.
Mayor Meyer opened public comments.
Jareem Gunter spoke in support of choosing programs in a manner that is equitable.
Jermaine Worley spoke in support of choosing programs in a manner that is equitable.
8 Pastor Kirkland Smith spoke about the Grace Arms Midnight Basketball League program.
Jareem Gunter, Jermaine Worley, Marcus Dawal, and Mike Burkholder submitted comments in writing to the City Clerk in advance of the City Council meeting opposing the Memorandum of Understanding with Grace Arms without first going through a formal Request for Proposal process.
There being no additional speakers, Mayor Meyer closed public comments.
Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Vice Mayor
Adopted Resolution 2025-19:
1) approving a Memorandum of Understanding (“MOU”) between the City of Brentwood (“City”) and Grace Arms of Antioch (“Grace Arms”) regarding a payment of $25,000 towards the operation of their Midnight Basketball League which includes a one-time inclusion in the City of Brentwood Activities Guide in 2025;
a) Adding provision to require Grace Arms to reach out to Brentwood community members
b) Adding acknowledgment that City will endeavor to include Midnight Basketball information in Activities Guide as soon as practicable and will use social media outreach, as well c) Adding provision that City will reach out to school district to communicate opportunity
2) amending the FY 2024/25 General Fund Operating Budget in the amount of $25,000; and
3) authorizing the City Manager or designee to execute the MOU and make minor non-substantive revisions to it, in consultation with the City Attorney.
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
I. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Vice Mayor Pierson requested that staff explore the feasibility of repurposing the CD Building as a multi-use community facility that would provide meeting spaces, a basketball court, and a performing arts venue to serve the diverse needs of Brentwood residents; and to include the following:
9 1. Facility Assessment – Evaluate the structural and operational feasibility of adapting the CD Building for multi-use purposes, including any necessary renovations or upgrades.
2. Community Needs Analysis – Assess community demand for meeting spaces, recreational sports (basketball), and performing arts facilities to determine optimal usage.
3. Funding Opportunities – Identify and evaluate potential funding sources for the project, including but not limited to:
Measure X funds
The Art Fund
Other available grants or funding streams
4. Operational Considerations – Explore potential management models, including city-operated, nonprofit partnerships, or private-sector collaborations.
5. Cost Estimates & Timeline – Provide an initial estimate of costs associated with renovations and operations, as well as a projected timeline for implementation.
Mayor Meyer requested the City do an educational campaign about chickens and for staff to reach out to public commenters regarding their concerns about goats in Deer Ridge and the City's upcoming weed abatement ordinance.
J. REQUESTED FUTURE AGENDA ITEM(S)
J.1 Consider a request from Mayor Meyer requesting the Midnight Basketball League follow the Request for Proposal process Mayor Meyer recommended moving to Item J.1 following the Council's decision on Item H.3.
Mayor Meyer presented the item.
Mayor Meyer opened public comment.
Michael Williams spoke about the Grace Arms Midnight Basketball League program.
Jermaine Worley spoke about the Request for Proposal (RFP) process for a future basketball program for the City.
Jareem Gunter spoke about the RFP process for a future basketball program for the City.
Coach DFree with Chosen Sports League spoke about the RFP process for a future basketball program for the City.
10 There being no additional speakers, Mayor Meyer closed public comment.
Moved by: Susannah Meyer, Mayor
Seconded by: Pa'tanisha Pierson, Vice Mayor
The City Council, by motion, directed staff to spend time and resources to develop a Request for Proposal (RFP) process for future City funding of Midnight Basketball opportunities, which will be brought back for final City Council approval at a future meeting. RFP criteria would include points given for:
Brentwood resident participants
Number of players served
Location (Brentwood preferred)
Access to public transportation
Ability to offer opportunities to individuals with disabilities Other services offered, including mentorship provided Age range targets
RFP will allow applicants to detail funding needed and will require an outreach plan from applicants.
Staff is authorized to include other criteria or details that may be suggested for Council consideration, as well as a scoring rubric or mechanism. Item will be brought back in May (2025).
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
J.2 Consider a request from Council Member Maloney concerning adoption of a Social Nuisance Ordinance
Council Member Maloney presented the item.
Mayor Meyer opened public comment.
Steve Doorenbos spoke in opposition of a Social Nuisance Ordinance.
Ron P., Jennifer Lee, Ken Sams and Pam Sams submitted comments in writing to the City Clerk in advance of the City Council meeting in support of a Social Nuisance Ordinance.
There being no additional speakers, Mayor Meyer closed public comment.
11 Moved by: Faye Maloney, Council Member
Seconded by: Pa'tanisha Pierson, Vice Mayor
The City Council, by motion, directed staff to spend time and resources to draft a Social Nuisance ordinance, which will include a list of specifications for the City Council to discuss and consider at a future meeting.
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
K. ADJOURNMENT
Vice Mayor Pierson moved and Mayor Meyer seconded a motion to adjourn the meeting at 11:48 p.m. and the motion carried unanimously.
PROCLAMATION
WHEREAS, March is American Red Cross month, when we recognize the compassion of people in Brentwood and renew our commitment to lend a helping hand to our neighbors in need; and
WHEREAS, with 982 volunteers in Contra Costa County, the American Red Cross assisted or responded to 94 disasters, assisting 204 families; and through our Sound the Alarm program, the American Red Cross installed 846 smoke alarms, making 262 homes safer, and trained 1,876 youth and adults through Pillowcase Project and Preparedness Programs; an WHEREAS Contra Costa County residents donated 17,356 units of lifesaving blood; hosted 520 blood drives; and trained 11,808 citizens in first aid, CPR, AED, and aquatics; and provided 463 case services to military members and their families; and provided humanitarian aid internationally; and WHEREAS, this work to uplift our community is made possible by those who selflessly answer the call to help, whenever and wherever it is needed. We hereby recognize this month of March in honor of their remarkable service, and we ask everyone to join in their commitment to care for one another.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes March 2025 as
RED CROSS MONTH
and the City of Brentwood encourages all residents to reach out and support its humanitarian mission.
Dated this 11th day of March, 2025
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, agriculture has been a cornerstone of Brentwood's heritage since the late 19th century, with the city historically renowned throughout the Bay Area for its cherries, corn, and peaches; and
WHEREAS, Brentwood's commitment to agriculture remains
steadfast, attracting over 150,000 visitors annually who engage in agritourism activities such as fruit picking, thereby bolstering the local economy; and WHEREAS, California leads the nation in agricultural production, with organic product sales increasing by 18.2% from $9.4 billion in 2018 to $11.1 billion in 2022, reflecting the state's dedication to sustainable farming practices; and
WHEREAS, National Agriculture Day is an opportunity to recognize and celebrate the invaluable contributions of farmers, ranchers, and agricultural workers who ensure a safe and abundant food supply, steward our lands, and support our economy; and
WHEREAS, the theme of National Agriculture Day 2025, "Together We Grow," highlights the importance of collaboration among farmers, businesses, educators, and consumers to ensure a sustainable and thriving agricultural future.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes March 18, 2025 as
NATIONAL AGRICULTURE DAY
and the City of Brentwood encourages all residents to acknowledge and appreciate the vital role of agriculture in our community and to participate in activities that honor our rich agricultural heritage.
Dated this 11th day of March, 2025
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, World Down Syndrome Day is observed annually on March 21st to raise awareness and promote inclusion, advocacy, and rights for individuals with Down syndrome around the world; and
WHEREAS, the theme for World Down Syndrome Day 2025,
“Improve Our Support Systems,” highlights the critical need for stronger resources, services, and community engagement to empower individuals with Down syndrome and their families; and
WHEREAS, the City of Brentwood is committed to fostering a more inclusive and supportive environment by collaborating with organizations, educators, advocates, and families to enhance access to essential programs and resources for individuals with Down syndrome; and
WHEREAS by raising awareness and strengthening support systems, we can break down barriers, promote self-advocacy, and ensure that individuals with Down syndrome have the tools they need to lead fulfilling and independent lives.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes March 21, 2025 as
WORLD DOWN SYNDROME DAY
and the City of Brentwood encourages all residents to recognize and support individuals with Down syndrome, their families, and the organizations working to improve their quality of life.
Dated this 11th day of March, 2025
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, the Vietnam War was one of the longest conflicts in United States history, and nearly 3 million Americans bravely served in the U.S. Armed Forces during this time, answering the call of duty with honor and courage; and
WHEREAS, more than 58,000 American service members made the ultimate sacrifice, and countless others returned home forever changed, bearing the physical, emotional, and unseen wounds of war; and
WHEREAS, March 29 has been designated as National Vietnam Veterans Memorial Day, marking the day in 1973 when the last combat troops were withdrawn from Vietnam, and serves as a time for our nation to express its enduring gratitude to all who served; and
WHEREAS, the City of Brentwood is committed to ensuring that the sacrifices and contributions of Vietnam veterans are never forgotten, and this year’s theme, "Honoring the Legacy: Remembering the Sacrifice, Celebrating the Service," reflects our dedication to preserving their history and recognizing their lasting impact on our community and country; and
WHEREAS, on this day, we stand united in paying tribute to the Vietnam veterans of Brentwood, the State of California, and across the nation, thanking them for their service and ensuring that future generations remember their courage, resilience, and dedication.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes March 29, 2025 as
VIETNAM VETERANS MEMORIAL DAY
and encourages all residents to honor and express appreciation for our Vietnam veterans, their families, and all who have served our nation with valor.
Dated this 11th day of March, 2025
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, farmworkers are the backbone of our agricultural industry, working tirelessly to ensure that fresh and nutritious food reaches our tables, contributing to the health, economy, and sustainability of our communities; and
WHEREAS, the City of Brentwood, rooted in a rich agricultural heritage, recognizes the invaluable contributions of farmworkers and acknowledges the ongoing challenges they face, including fair wages, safe working environments, and access to essential resources; and WHEREAS, National Farm Workers Day serves as a moment to not only celebrate the achievements of farmworkers but also to reaffirm our commitment to advocating for policies that ensure their rights, well-being, and respect in the workplace; and
WHEREAS, in keeping with this year’s theme, “Honoring the Legacy of Cesar Chavez and Advocating for Fair Working Conditions and Dignity for Farmworkers,” we honor the past, recognize the present struggles, and pledge to work toward a future where all farmworkers are treated with fairness, dignity, and respect.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes March 31, 2025 as
NATIONAL FARM WORKERS DAY
and the City of Brentwood encourages all residents to take time to reflect on the contributions of farmworkers, support their ongoing fight for justice, and uphold the values of equity, dignity, and respect.
Dated this 11th day of March, 2025
Susannah Meyer, Mayor
CITY COUNCIL AGENDA ITEM NO. E.7
03/11/2025
SUBJECT: Second reading of an ordinance approving a Zoning Text Amendment (RZ 24-008) to update the Brentwood Municipal Code to comply with state law as required by the City’s adopted Housing Element implementation policies
DEPARTMENT: Community Development Department
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager
Jennifer Hagen, Senior Planner
TITLE/RECOMMENDATION
Waive the second reading of and adopt Ordinance 1084 approving an amendment (RZ 24-008) to the Brentwood Municipal Code, needed to comply with state law as required by the City’s Housing Element Implementation Programs including but not limited to: H.1l (Farmworker and Employee Housing); H.1p (Replacement Housing); H.1r (Parking Standards for Studios and 1-Bedroom Units); H.1s (CUP and Design and Site Development Review Findings); H.4h (Low-Barrier Navigation Center); H.4j (Single-Room Occupancy (SRO) Units); H.4k (Emergency Shelters); H.4l (By-Right Permanent Supportive Housing (AB 2162)); H.4m (Reasonable Accommodations); H.4n (Definition of Family); and H.4o (Residential Care Facilities).
The text amendments are exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that there is no possibility that it may have a significant effect on the environment.
FISCAL IMPACT
There is no fiscal impact associated with introducing the ordinance. The cost of the Housing Element update is included in the adopted 2024/25 – 2028/29 Capital Improvement Program (CIP), which includes the Housing Element Update and Safety Element Update (CIP Project No. 337-37258) and is funded by State grants and the General Fund. No additional funds are being requested.
CITY COUNCIL AGENDA ITEM NO. E.7
03/11/2025
BACKGROUND
Each local government in California is required to adopt a comprehensive, long-term General Plan for the physical development of the city. A certified Housing Element is one of seven mandatory elements of the General Plan. Housing Element law mandates that local governments update their Housing Element every eight years to demonstrate how a jurisdiction has adequately planned to meet the existing and projected housing needs for all economic segments of the community.
The City formally initiated the 6th Cycle (2023-2031) Housing Element Update (HEU) in October 2021 with substantive public meetings beginning in April 2022.
Throughout the process, the City provided a number of opportunities for the public to participate and provide comments, including ten public workshops, outreach events, and hearings before the Planning Commission and City Council to review key components of the Housing Element, including all goals, policies, and implementation actions that were proposed.
On March 14, 2023, the City Council adopted Resolution No. 2023-31, which approved the draft Housing Element (dated March 2023). Based on additional comments provided by the California Department of Housing and Community Development (HCD) regarding new or modified programs that had the potential to impact future City policies, additional amendments to the Housing Element were required. On February 13, 2024, the City Council adopted Resolution No. 2024-16, which amended and approved a revised draft Housing Element (dated November 2023). The resolution also directed staff to submit the draft Housing Element to HCD for review and certification. The Housing Element was certified by HCD on April 12, 2024.
Required Contents
State law defines the required contents of the adopted Housing Element, with key components that can be found in the following four principal sections and four appendices:
Section 1: Introduction – This section contains a summary of the content, organization, and statutory considerations of the Housing Element.
Section 2: Community Profile – This section contains an analysis of the City’s population, household and employment base, and the characteristics of the housing stock.
CITY COUNCIL AGENDA ITEM NO. E.7
03/11/2025
Section 3: Housing Constraints, Resources, and Fair Housing – This section examines governmental and nongovernmental constraints on production, maintenance, and affordability of housing, and provides a summary of housing resources, including sites identification and funding and financial considerations, as well as the Affirmatively Furthering Fair Housing (AFFH) section.
Section 4: Housing Plan – This section addresses the City’s identified housing needs, including housing goals, policies, and programs.
Goals, Policies and Programs
The implementation or action items addressed in this report are part of Section 4:
Housing Plan (Attachment 3). The goals, policies, and programs (also called actions) are a key component in this section, representing the City's proposed "housing plan" with a focus on actionable steps and measures that the City will undertake to increase affordable housing and preserve and improve existing housing.
There are four main goals, with a corresponding set of policies and programs for each. Whereas the policies help to guide and inform future City decision-making and direction with respect to a broad range of housing-related topics, the programs provide actionable steps to implement the Housing Element's goals and to make further progress towards meeting the regional housing need allocation. Timeframes and responsibilities for each program are indicated in the section. The four main goals in the Housing Plan include the following:
H.1 - Housing Goal
Facilitate a diversity of housing opportunities to enhance the City’s living environment and to satisfy the shelter needs of all Brentwood residents.
H.2 - Affordability Goal
Encourage housing that is affordable to all socio-economic segments of Brentwood’s population.
H.3 - Equitable Distribution of Affordable Housing Goal Encourage an equitable distribution of housing for all economic groups throughout the community.
H.4 - Housing Opportunities Goal
Promote equal housing opportunities for all residents of Brentwood.
In developing the policies and programs, staff used those included in the 5th Cycle Housing Element as a starting point, carrying forward many of the same underlying
CITY COUNCIL AGENDA ITEM NO. E.7
03/11/2025
themes, concepts, and ideas. However, the 6th Cycle Housing Element revised and modified some of the actions to clarify intent, improve specificity, and address new State laws. All of the final policies and programs were reviewed and approved by the City Council on February 13, 2024, as part of the Council’s Housing Element adoption.
The majority of the actions/programs included in the Housing Element are required per recent legislation and updated State law (e.g., AB 2339 [Emergency Shelters], AB 1397 [adding requirements for Housing Element inventory sites], and SB 166 [prohibiting the City from allowing its inventory sites list to become insufficient to meet the City’s remaining regional housing needs allocation]), some are in response to the requirement to address housing constraints required through State Housing Element law (Government Code Sections65580 - 65589.11).
PLANNING COMMISSION ACTION
The Planning Commission considered this item at a public hearing at its meeting of January 21, 2025, and a vote to recommend approval of the item failed (2-3 vote by: Commissioners Brand, Flohr, and Chairperson Roberts). No additional action was taken on the item. The Planning Commission expressed concerns related to the continued decrease of local control over City and housing related matters. Although the Planning Commission did not take final action on a recommendation, staff continues to recommend that the City Council adopt the attached Ordinance approving amendments to the Brentwood Municipal Code needed to comply with state law as required by the City’s Housing Element Implementation Programs, as it is critical in maintaining the City’s certified Housing Element status.
CITY COUNCIL MEETING OF FEBRUARY 25, 2025
On February 25, 2025, the City Council considered the proposed amendments to the Brentwood Municipal Code. After deliberation, the City Council, with a vote of 5-0 introduced and waived the first reading of the proposed ordinance for RZ24-008.
The new ordinance would assist the City in complying with State law as required by the City’s Housing Element Implementation Programs. The Housing Element adopted by the City Council committed to adopt these Programs by January 2025.
The following Implementation Programs will be addressed as part of the Zoning Code Amendments:
• H.1l (Farmworker and Employee Housing),
• H.1p (Replacement Housing),
CITY COUNCIL AGENDA ITEM NO. E.7
03/11/2025
• H.1r (Parking Standards for Studios and 1-Bedroom Units), • H.1s (CUP and Design and Site Development Review Findings), • H.4h (Low-Barrier Navigation Center),
• H.4j (Single-Room Occupancy (SRO) Units),
• H.4k (Emergency Shelters),
• H.4l (By-Right Permanent Supportive Housing (AB 2162)), • H.4m (Reasonable Accommodations),
• H.4n (Definition of Family), and
• H.4o (Residential Care Facilities)
A summary of each program, including the program text as approved within the Housing Element, the program objectives as approved in the Housing Element, implementation actions that are being proposed by staff to meet the objectives, and information regarding specific government code and/or legislative requirements related to each of the programs was provided within the February 25, 2025 agenda report.
CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 4: Community Development
Provide a diversity of housing opportunities, including equitable distribution of affordable housing for all socio-economic segments of the Brentwood community. Update the City’s Housing Element including: an evaluation of the 2015 Housing Element; assessment of housing needs, resources, constraints; approval of an updated Regional Housing Needs Allocation; and adoption of housing goals, policies, and actions.
PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.
DATE OF NOTICE
The City of Brentwood published a public hearing notice in the Brentwood Press on January 31, 2025, for the February 25, 2025 public hearing held on the ordinance.
ENVIRONMENTAL DETERMINATION
The proposed text amendments are exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) (the common sense exemption)
CITY COUNCIL AGENDA ITEM NO. E.7
03/11/2025
of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment, in that the ordinance merely implements requirements of state law and includes no provisions beyond those included in the Government Code that that may result in a direct or indirect impact on the physical environment. There is no potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment.
ATTACHMENT(S)
1. Previous Actions
2. Ordinance 1084
a. Municipal Code Redlines
3. Housing Element Section 4: Housing Plan
PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.
On October 12, 2021, the City Council authorized execution of an agreement with KimleyHorn for consulting services to assist with preparation of the 2023-2031 (6th RHNA Cycle) Housing Element Update.
On April 14, 2022, staff presented an introduction to the Housing Element Update at a joint City Council/Planning Commission workshop.
On June 1, 2022, staff presented a status report on the Housing Element Update, including Regional Housing Needs Allocation (RHNA) site strategies, and implications of new State legislation on the City’s policies and programs to the City Council and Planning Commission. The City Council directed staff to return with a draft site inventory for review.
On July 21, 2022, staff presented the City Council a draft site inventory with an introduction of the analysis of existing residential zoning capacity within the city, as well as an evaluation of site inventory and affordability assumption strategies needed to address the City’s RHNA. The City Council directed staff to move forward with drafting a Housing Element Public Review Draft that reduced buffers within the draft sites inventory to 15%-20% (if feasible), added policies incentivizing ADU production, and added policies encouraging development on City-owned parcels.
On August 15, 2022, staff presented a revised site inventory, as well as a status report on the Housing Element Update, to the City Council’s Land Use and Development Committee (LUD). Staff requested that LUD provide any additional input on the Housing Element Update, including affirmation of staff’s approach to the draft sites inventory. Staff received input on the Housing Element Public Review Draft.
On August 30, 2022, staff presented an introduction to the City Council on the Public Review Draft Housing Element, including an overview of the Housing Element Update process and timeline, and instructions on how the public could provide comments and participate in the upcoming public outreach. The meeting was informational and no action or direction was requested or provided.
On September 27, 2022, staff presented the Public Review Draft Housing Element to the City Council. Presentations included an introduction to the Public Review Draft Housing Element and an overview of the Housing Element Update process and timeline. At the conclusion of the City Council meeting, the City Council provided comments on the 2023- 2031 (6th Cycle) Draft Housing Element, and authorized submittal of the Draft Housing Element to the State Department of Housing and Community Development (HCD).
Attachment 1
On February 14, 2023, staff presented the initial HCD comments to the City Council, along with a preliminary draft of proposed revisions to the Housing Element policies and programs/actions requesting direction and input to be incorporated into the revised Housing Element.
On March 14, 2023, the City Council approved the General Plan update of the Housing Element for 2023-2031 (6th Cycle) and adopted the revised Draft Housing Element (dated March 2023).
On August 8, 2023, staff presented the second HCD comment letter to the City Council, along with a preliminary draft of proposed revisions to the Housing Element policies and programs/actions requesting direction and input to be incorporated into the revised Housing Element.
On February 13, 2024, the City Council approved the General Plan update of the Housing Element for 2023-2031 (6th Cycle) and adopted the revised Draft Housing Element (dated November 2023).
On February 25, 2025, following a public hearing, the City Council voted to waive the first reading of and introduce Ordinance No. 1084 to adopt a Zoning Text Amendment (RZ 24- 008) to update the Brentwood Municipal Code to comply with state law, as required by the City’s adopted Housing Element implementation policies.
ORDINANCE NO. 1084
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING A ZONING TEXT AMENDMENT TO THE
BRENTWOOD MUNICIPAL CODE (RZ 24-008) TO AMEND THE
BRENTWOOD MUNICIPAL CODE RELATING TO HOUSING
ELEMENT IMPLEMENTATION PROGRAMS INCLUDING H.1L
(FARMWORKER AND EMPLOYEE HOUSING), H.1P
(REPLACEMENT HOUSING), H.1R (PARKING STANDARDS FOR
STUDIOS AND 1-BEDROOM UNITS), H.1S (CUP AND DESIGN
AND SITE DEVELOPMENT REVIEW FINDINGS), H.4H (LOWBARRIER NAVIGATION CENTER), H.4J (SINGLE-ROOM OCCUPANCY (SRO) UNITS), H.4K (EMERGENCY SHELTERS),
H.4L (BY-RIGHT PERMANENT SUPPORTIVE HOUSING (AB
2162)), H.4M (REASONABLE ACCOMMODATIONS), H.4N
(DEFINITION OF FAMILY), AND H.4O (RESIDENTIAL CARE
FACILITIES), IN COMPLIANCE WITH STATE LAW
WHEREAS, City staff prepared a zoning text amendment (“the Ordinance”) that would amend sections of the Brentwood Municipal Code Section to comply with state law as required by the City’s adopted Housing Element implementation policies; and
WHEREAS, State Housing Element Law (Government Code Sections 65580, et seq.) requires that the City Council adopt a Housing Element for the eight-year period 2023-2031; and
WHEREAS, on February 13, 2024, the City Council approved Resolution No. 2024-16, which amended and approved a revised 2023-2032 Housing Element (“Housing Element); and
WHEREAS, on April 12, 2024, the State Department of Housing and Community Development (HCD) certified the Housing Element; and WHEREAS, the Housing Element included a number of programs which required the City to make changes to its Zoning Code; and WHEREAS, in addition to amending the Zoning Code to address the programs listed in the Housing Element, it is also necessary to amend the Zoning Code to address recent changes to comply with State law, accommodate the RHNA, affirmatively further fair housing, and facilitate and encourage a variety of housing types for all income levels, including multifamily housing (Gov. Code Sections 65583.2 and 65583(c)); and
WHEREAS, State law requires that the City take meaningful steps to promote and affirmatively further fair housing and implement all adopted programs (Government Code Section 65583(c)(5)); and
WHEREAS, State law requires that the City make zoning available for all types of housing, including multifamily housing (Government Code Sections 65583.2 and 65583(c)); and
WHEREAS, the Ordinance would amend Title 17 (Zoning) of the Brentwood Municipal Code, and the Planning Commission is charged with reviewing amendments to said title prior to their consideration by the City Council; and WHEREAS, on December 20, 2024, the City gave public notice of a Planning Commission public hearing to be held to consider this Ordinance by advertisement in the Brentwood Press, a newspaper of general circulation; and WHEREAS, on January 21, 2025, the Planning Commission held a duly-noticed public hearing to consider the staff report, recommendation by staff, and public testimony concerning this Ordinance. Following the public hearing, a vote to recommend approval of the item failed (2-3 vote). No additional action was taken on the item; and
WHEREAS, the City published a notice of public hearing in the Brentwood Press on January 31, 2025, in accordance with City policies and Government Code Section 65090; and
WHEREAS, on February 25, 2025, the City Council held a duly-noticed public hearing, wherein it heard the first reading of and introduced the Ordinance, after considering: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration by the City’s Planning Commission; and
WHEREAS, this amendment is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment, in that the ordinance merely implements requirements of state law and includes no provisions beyond those included in the Government Code that that may result in a direct or indirect impact on the physical environment; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRENTWOOD DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals are incorporated into this Ordinance as though fully set forth herein.
SECTION 2. CEQA. Pursuant to California Environmental Quality Act (“CEQA”) Section 15061(b)(3) of the CEQA Guidelines, it can be seen with certainty
that there is no possibility that the adoption of this ordinance may have a significant effect on the environment, in that the ordinance merely implements requirements of state law and includes no provisions beyond those included in the Government Code that that may result in a direct or indirect impact on the physical environment.
SECTION 3. Rezoning. Brentwood Municipal Code Section 17.870.008 provides:
No rezoning of property or text amendment shall occur which is inconsistent with the city’s community development plan. In making a decision, the planning commission and council shall consider the consistency of the proposed action to the community development plan and other applicable city plans, and shall consider whether the proposed action is inappropriate or otherwise contrary to the public interest.
The zoning text amendment is consistent with the General Plan, as amended from time to time, insomuch as it is responsive to the following adopted Housing Element implementation programs:
• H.1l (Farmworker and Employee Housing),
• H.1p (Replacement Housing),
• H.1r (Parking Standards for Studios and 1-Bedroom Units), • H.1s (CUP and Design and Site Development Review Findings), • H.4h (Low-Barrier Navigation Center),
• H.4j (Single-Room Occupancy (SRO) Units),
• H.4k (Emergency Shelters),
• H.4l (By-Right Permanent Supportive Housing (AB 2162)), • H.4m (Reasonable Accommodations),
• H.4n (Definition of Family), and
• H.4o (Residential Care Facilities).
SECTION 4. Amendment. Specified sections, or portions of sections, of Title 17 of the Brentwood Municipal Code are hereby amended to comply with state law as required by the City’s adopted Housing Element implementation policies, as provided in Exhibit “A”, attached hereto and incorporated herein. Revisions to existing sections are reflected in strikethrough for deletions and underline for additions.
SECTION 5. Effective Date; Publication Date. This ordinance shall be published in accordance with Government Code Section 36933. This ordinance shall take effect 30 days after its adoption. The City Clerk is directed to cause the Municipal Code text to be entered in the Brentwood Municipal Code of the City of Brentwood to be modified accordingly.
THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the City Council of the City of Brentwood on the 25th day of February 2025 by the following vote:
AYES: Maloney, Pierson, Mendoza, Oerlemans, and Mayor Meyer NOES: None
ABSENT: None
RECUSE: None
THIS ORDINANCE was adopted with the second reading waived at a regular meeting of the City Council of the City of Brentwood on the 11th day of March 2025 by the following vote:
Title 17
Zoning
Chapter 17.030
DEFINITIONS
§ 17.030.030 Definitions.
"Accessory dwelling unit or ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a parcel with a proposed or existing primary dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined in Section 17958.1 of the California Health and Safety Code; and
2. A manufactured home, as defined in Section 18007 of the California Health and Safety Code. "Accessory use" means a use which is incidental to and customarily associated with a specified principal use, and which meets the applicable conditions set forth in the accessory use regulations of this title. "Activity, land use, et al.," means the actual or permitted residential, commercial, industrial or other use or uses of a property or any portion thereof.
Adult Entertainment. See Section 17.690.003 for definition of phrase and related words and phrases. "Agriculture" means farms, orchards, greenhouses, nurseries and similar facilities engaged in the production of crops or plants, vines and trees, bulbs and seeds and in animal husbandry. Agriculture includes facilities for the initial processing, packing and storage of agricultural products and roadside stands for the sale of produce grown in the Brentwood area.
"Alley" means a dedicated public way intended primarily to provide vehicular access to abutting properties. "Alteration" means any enlargement, addition, relocation, repair, remodeling, change in number of dwelling units or rooming units, development of or change in an open area, development of or change in a sign by painting or otherwise, or other change in a facility, but excluding painting, except as provided above for signs, and excluding ordinary maintenance for which no building permit is required, and demolition or removal.
"Amusement park" means any business established including such uses as, but not limited to, rides, games, shows, circuses, carnivals and similar uses involving outdoor as well as enclosed entertainment or entertainment devices.
Animal Husbandry. See Section 17.670.003 for definition of phrase and related words and phrases. "Arbor or trellis" means a garden feature typically constructed of wood, metal or other material with sides and a roof, usually through the use of latticework, and covered with vines or plants.
Resolution 25-003
EXHIBIT A
"Bicycle path" means a path, trail, route, way or lane designated for use by bicycles and other non-motorized vehicles. Public paths shall include only those for which rights-of-way are dedicated or deeded to and accepted by the city.
“Bridge Housing” means any new or existing facilities, including, but not limited to, housing in temporary structures, emergency sleeping cabins consistent with the requirements of subdivision (h) of Section 8698.3 that are reserved for homeless persons and families, together with community support facilities, including, but not limited to, showers and bathrooms adequate to serve the anticipated number of residents all of which may be located on property leased or owned by a political subdivision. An emergency bridge housing community shall include supportive and self-sufficiency development services, have the ultimate goal of moving homeless persons to permanent housing as quickly as reasonably possible, and limit rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development’s requirements for subsidized housing for low-income persons. "Building" means any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.
"Building, accessory" means any building which is detached from the principal building on the property, is intended for the conduct of uses secondary to the principal use of the property and is generally smaller than the principal building on the property as defined in this section.
1. Enclosed accessory building means all accessory buildings that include one or more walls that are enclosed for more than twenty-five percent of the wall area, measured from floor to ceiling. Typical enclosed accessory buildings include garages, greenhouses, sheds, accessory buildings, pool houses and other similar buildings.
2. Open accessory building means accessory buildings that maintain openings on all sides that are open not less than seventy-five percent of the wall area of each wall, measured from the floor to the ceiling. The open sides must not be covered with any permanent materials that obstruct the free passage of light and air. Typical open accessory buildings include patio covers and gazebos. "City" means the city of Brentwood and any one or more public officials, bodies, commissions or agencies of the city having jurisdiction over the particular matter referred to. "Community care facilities" means any facility, place or building licensed by the state of California, and defined in accordance with regulations enacted with Title 22, Division 6 of the California Administration Code and the California Health and Safety Code which is maintained and operated to provide nonmedical residential care, day care or homefinding agency services for children, adults, or children and adults, including, but not limited to, the developmentally disabled, physically handicapped, mentally disordered, or incompetent persons, and includes any residential facility, day facility and homefinding agency. Community care facilities are further defined below.
1. Residential facility means any family home, group home, social rehabilitation facility or similar facility, for twenty-four-hour nonmedical care to persons in need of personal services, protection, supervision, assistance, guidance or training essential for sustaining the activities of daily living or for the protection of the individual. A residential facility includes:
a. Small family home—children means the residence of the licensee in which care and supervision are provided for not more than six children, exclusive of members of the licensee's family or the residential facility's staff. A residence fitting the category of "small family home—children" is considered a residential use of the property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.
b. Small family home—adults means a residence in which care and supervision are provided for not more than six adults, exclusive of members of the property owner or licensee's family or the residential facility's staff. A residence fitting the category of "small family home—adults" is considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.
c. Large family home—children means the residence of the licensee which is licensed to provide care and supervision for seven through twelve children, exclusive of members of the licensee's family or the residential facility's staff.
d. Large family home—adults means a residence which is licensed to provide care and supervision for seven through fifteen adults, exclusive of the property owner or members of licensee's family or the residential facility's staff.
e. Group home—children means a residential home of any capacity that provides services in a group setting to children who need care and supervision.
f. Group home—adults means a residential home of any capacity that provides services in a group setting to adults who need or desire care and supervision.
g. Social rehabilitation center—small means a facility that provides services in a group setting for not more than six persons to adults who currently or potentially are capable of meeting their life support needs independently, but who temporarily need assistance, guidance or counseling. h. Social rehabilitation center—large means a facility that provides services in a group setting for seven or more persons to adults who currently or potentially are capable of meeting their life support needs independently, but who temporarily need assistance, guidance or counseling.
2. Adult day facility means any family day home, day care center, social rehabilitation center or similar facility determined by the state, which provides on less than a twenty-four-hour basis, nonmedical care to adults in need of personal services, protection, supervision, assistance, guidance or training essential for sustaining the activities of daily living or for the protection of the individual. A day facility includes:
a. Small family day home—adults means the family residence of the licensee in which care and supervision are provided for not more than six adults during a portion of the day, exclusive of members of the licensee's family.
b. Large family day home—adults means the family residence of the licensee which is licensed to provide care and supervision during a portion of the day for seven through fifteen adults, exclusive of members of the licensee's family.
c. Day care center—adults means a facility of any capacity that provides care and other services in a group setting to adults during a portion of the day.
d. Social rehabilitation center—small means a facility that provides services in a group setting for not more than six persons during a portion of the day to adults who currently or potentially are capable of meeting their life support needs independently, but who temporarily need assistance, guidance or counseling. e. Social rehabilitation center—large means a facility that provides services in a group setting for seven or more persons during a portion of the day to adults who currently or potentially are capable of meeting their life support needs independently, but who temporarily need assistance, guidance or counseling.
3. Child day facility means any family day home, day care center, or similar facility, which provides care, protection and supervision to a child or children for periods of less than twenty-four hours per day,
while the parents or guardians are away.
a. Family day care—small means a facility regularly providing care, protection and supervision to a child or a maximum of six children including the licensee's own children under age twelve in the care giver's own home, for periods of less than twenty-four hours per day, while the parents or guardians are away. b. Family day care—large means a facility regularly providing care, protection and supervision for seven to twelve children (including licensee's and assistant care giver's own children under age twelve), in the care giver's own home, for periods of less than twenty-four hours per day, while the parents or guardians are away.
c. Day care center—children means a facility of any capacity that provides care and other services in a group setting during a portion of the day for children and licensed as such by the state of California.
4. Homefinding agency means any individual or organization engaged in finding homes or other facilities for placement of persons of any age for temporary or permanent care, or adoption and includes provision of continuing social services to such persons.
5. Small residential care facility as utilized within the city of Brentwood zoning ordinance includes any small family home—adults, social rehabilitation center—small, small family day home—adults or family day care—small.
6. Large residential care facility as utilized within the city of Brentwood zoning ordinance includes any large family home—adults, group home—children, group home—adults, social rehabilitation center— large, day care center—adults or day care center—children.
Condominium. A "condominium" is defined, in accordance with Civil Code Section 783, to be an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of such real property.
Condominium Conversion, Residential. A "condominium conversion" means the conversion or subdivision of a single ownership parcel of existing improved residential real property typically containing five or more units, or of an existing mobile home park, into a form of ownership for residential purposes involving the right of exclusive occupancy or separate ownership of individual units or mobile home spaces, including, but not limited to, condominiums, community apartments, stock cooperatives or townhouses. "Corner lot" means a lot bounded on two or more adjacent sides by public rights-of-way or private ways, or by portions thereof, having an angle of intersection of one hundred thirty-five degrees or less. "Court" means an area enclosed by three or more walls on the same lot, which area is open to the sky and unobstructed except for the facilities allowed therein by the yard regulations of this title. "Dwelling" means any building or portion thereof or a mobilehome or trailer designed for and/or used exclusively as the residence of one or more families as defined in this section.
1. Dwelling, single-family means a detached building designed for and/or used exclusively for residence purposes by one family.
2. Dwelling, single-family attached means a building designed for and/or used exclusively for residence purposes by one family and joined structurally along a common wall and property line to another like dwelling unit.
3. Dwelling, multiple means a building or portion thereof designed for and/or used exclusively for residence purposes by two or more families living independently of one another to include the terms duplex, triplex and apartment.
4. Dwelling group means a group of two or more detached buildings used for dwelling purposes located on a parcel of land in one ownership and having any yard or court in common.
5. Dwelling unit means any building or portion of a building or a mobile home or trailer having one or more rooms and only one kitchen or kitchenette and designed and/or used for occupancy by one family. "Earthen berm" means a mound or embankment of earth, together with necessary retaining structures. "Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
1. The definition of “emergency shelter” shall include low-barrier navigation centers, bridge housing, and respite or recuperative care.
"Employee Housing" means any portions of any housing accommodations for employees, including agricultural employee housing (as defined in Section 17008 of the California Health and Safety Code Section, as may be amended) which has qualified or where the owner intends to qualify for a permit to operate under the Employee Housing Act.
"Entitlement" means any variance, permit, rezoning, building permit or other city approval granted under the municipal code of the city of Brentwood.
"Facility, development, construction" means any man-made buildings or structures or other features existing or proposed to be placed on a property or any portion thereof to include grading, landscaping and surfacing of any kind.
"Family" means the functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying, whether related or unrelated, who live together in a single dwelling unitnontransient and interactive manner, including the joint use of and responsibility for common areas, sharing household activities and responsibilities such as meals, chores, household maintenance, and expenses. If the dwelling unit is rented, this means that all adult residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease for the entire dwelling, with joint use and responsibility of the premises, and the makeup of the household occupying the unit is determined by the residents of the unit rather than by the landlord or property manager... Notwithstanding the foregoing, any group of persons required to be considered as a “family” for zoning purposes pursuant to California Health & Safety Code Sections 1267.8, 1566.3, 1568.0831, 1569.85, 11834.23, or any other state law shall be deemed to be a family for purposes of this code.
"Financial institution" means banks, savings and loans, and similar businesses which offer a wide range of services including the deposit and withdrawal of money, loans, and other financial transactions. Check cashing services, pawnshops, automatic teller machines and other similar uses which conduct limited types of financial transactions are not defined as financial institutions. "Finished grade" means the finished surface of the ground after grading for development. "Floor area" means the total of the gross horizontal areas of all floors, including usable basements and cellars, below the roof and within the outer surfaces of the main walls of principal or accessory buildings, or the centerlines of party walls separating such buildings or portions thereof, or within lines drawn parallel to
and two feet within the roof line of any building or portion thereof without walls. Floor area excludes the following:
1. Areas used for off-street parking spaces or loading areas, accessways and maneuvering aisles related thereto.
2. Areas which qualify as usable open space under the usable open space standards of this title.
3. In the case of nonresidential facilities: arcades, porticoes and similar open areas which are located at or near street level, which are accessible to the general public and which are not designed or used as sales, display, storage, services or production areas.
"Frontage" means a front lot line, also the length thereof abutting a street. "Front lot line" means on an interior lot, any abutting street line; on a corner lot, the shorter of any adjacent two abutting street lines, or portions thereof, which intersect at an angle of not less than forty-five degrees but not more than one hundred thirty-five degrees. However, if such street lines, or portions thereof, are equal in length, the owner or developer of the lot may select either as the front lot line. If adjacent street lines, or portions thereof, of a corner lot intersect at an angle of less than forty-five degrees, both such street lines or portions thereof shall be deemed front lot lines.
"Health studios" means any businesses including, but not limited to, gymnasiums, health clubs, spas or salons, tanning salons, athletic clubs, weightlifting centers, racquetball, tennis, swim or similar sports or athletic clubs, which are established for the purpose of providing exercising programs, sport activity programs and similar programs typically associated with such businesses.
Home Occupation. See Section 17.840.003 for definition of phrase. "Hotel" means an establishment providing lodging accommodations for a fee for transient guests, for stays fewer than thirty days, with access to rooms or units primarily from interior lobbies, courts or halls. "Interim uses" means the use of property with a nonpermanent facility for a period of time greater than twelve months and less than thirty-six months. Such interim uses include, but are not limited to, storage yard, subdivision signs, office and subdivision signs, temporary or portable offices and similar uses. "Interior lot" means any lot other than a corner lot.
"Interior side lot line" means any side lot line which is not a street line. "Junior accessory dwelling unit or JADU" means a residential unit that is no more than five hundred square feet in size and contained entirely within any portion of an existing or proposed single-family dwelling including an attached garage. It includes its own separate provisions for living, sleeping, cooking, and eating, and may include separate sanitation facilities or may share sanitation facilities with the single-family dwelling.
"Kitchen/kitchenette" means any room or portion thereof containing facilities designed or used for the preparation of food, including, but not limited to, stoves, ranges or hotplates.
Landscaping and Screening. See Section 17.630.003 for definition of phrase and related words and phrases. "Liquor sales" means any business required to obtain an alcoholic beverage license from the California State Department of Alcoholic Beverage Control for the purpose of selling alcoholic beverages for consumption either on the site of sale or off site.
"Living unit" means a dwelling unit or a rooming unit.
"Lot" means a parcel of contiguous land which is or may be developed or utilized, under one ownership, as a unit site for a use or group of uses.
"Lot area" means the area of a lot measured horizontally between bounding lot lines. "Lot line" means any boundary of a lot.
"Low-barrier navigation center" means a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing or as amended by Government Code 65660. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
1. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
2. Pets.
3. The storage of possessions.
4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
"Manufactured homes, mobile homes or modular homes" means single-family housing units, which are commonly referred to as mobile homes, manufactured homes or modular homes, and which are certified under the National Mobilehome Construction and Safety Standards Act of 1974, and which are to be placed on a foundation system, pursuant to Section 18551 of the Health and Safety Code or constructed in accordance with the appropriate Uniform Building Code, Plumbing Code, Electrical Code, etc., that has been adopted and is in effect within the city of Brentwood.
Mobile Home Park. See Section 17.710.003 for definition of phrase and related words and phrases. "Motel" means a building or group of attached or detached buildings providing lodging accommodations for a fee for transient guests, for stays of fewer than thirty days, with access to rooms or units through an exterior door. Motels are distinguished from hotels primarily in that the former provide direct independent access to, and adjoining parking for, each room or unit, and do not provide twenty-four-hour guest services.
Nonconforming Use/Facility/Activity. See Section 17.610.003 for definition of phrase and related words and phrases.
Off-Street Parking/Loading. See Section 17.620.003 for definition of phrases and related words and phrases.
Oil and Gas Production. See Section 17.680.002 for definition of phrase and related words and phrases. "Pedestrian walkway" means a path, trail route, way or lane designated for pedestrian traffic only and not intended for use as a way for motor-driven vehicles. Public walkways shall include only those for which rights-of-way are dedicated to and accepted by the city. "Portable shed" means a premanufactured garden shed that is less than one hundred twenty square feet and does not exceed seven feet in height, constructed with plastic or metal, is not attached to a foundation or constructed with posts in the ground, and can be easily moved.
"Principal use" means the activity which fulfills a primary function of an establishment, institution, household or other entity, and the main buildings or other facilities which are designed for or occupied by such activity.
"Public dancing" means any dance with either live or mechanically provided music, held on a regular basis.
Public dance shall not include dances sponsored by charitable nonprofit organizations wherein any profits realized are intended for a charitable cause.
"Razor or concertina wire" is sharp fencing material designed to lacerate animals or unauthorized persons attempting to climb or cross the fence through other than a gate. "Rear lot line" means the lot line or lines approximately opposite the front lot line. “Respite/Recuperative care” means a facility that provides post hospitalization health care services, behavioral health services and other transitional and supportive social services to homeless patients discharged from an acute care hospital.
"Restaurant" means an establishment, including, but not limited to, full service sit down or fast food restaurants, cafés, delis, sandwich shops, coffee shops, juice bars, taverns or bars, where food and/or drink are commonly ordered, prepared, served and eaten within the restaurant building, and which may also include some portion of outdoor seating areas, and/or off premises consumption. "Restaurant—Carry out" means an establishment which by design or physical layout, or by service or packaging procedures permits the purchase of prepared foods and/or drinks intended to be consumed off the premises; and where the consumption of food and/or drinks on the premises, whether or not in a motor vehicle, is not permitted. This use type is considered as "general retail sales" in terms of parking required per Section 17.620.012(J)(2) of the municipal code, and therefore is a permitted use in those zones allowing retail sales.
"Shipping container (also referred to as intermodal freight transport, POD, sea container, or cargo container) is typically a twenty-to forty-foot long durable closed steel container capable of handling large capacity and weight loads over land and sea.
"Side lot line" means any lot line which is not a front lot line or a rear lot line.
Sign. See Section 17.640.004 for definition of word and related words and phrases. “Single-Room Occupancy Units” (SRO) means housing composed of individual efficiency dwelling units, where each unit has a minimum floor area of 150 square feet and a maximum size of 500 square feet. SRO units do not require an individual kitchen or bathroom. Any unit not developed with an individual kitchen or bathroom must have access to common areas containing kitchen and bathroom facilities. SROs are not linked to any on-site or off-site services, including but not limited to life skills counseling, childcare, or job training. "Storage" means the placement of material objects on a site for any period in excess of seven consecutive days.
"Story" means a portion of a building between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, the space between such floor and the ceiling next above it; provided, that the following shall not be deemed a story:
1. A basement or cellar if the finished floor level directly above it is not more than six feet above the average adjoining elevation of the finished grade;
2. An attic or similar space under a gable, hip or gambrel roof. "Street" means a dedicated public way intended to provide for through traffic and primary vehicle access to abutting properties.
"Street line" means a lot line dividing a lot from an abutting street. "Structure" means that which is built or constructed or any piece of work artificially built up or composed of parts joined together in some definite manner. For purposes of this title "structure" shall not include a "building."
"Structure, accessory" means any structure which is intended for the conduct of uses secondary to the principal use of the property or intended for ornamental purposes to include, but not be limited to, concrete works, walls, fences, minor shelters, machinery, garden features, pools and works of a similar nature. "Sun/shade sail is a device to create outdoor shade, typically premanufactured and sold at garden or big box stores. The material is usually a triangular/sail shape, flexible membrane tensioned between several anchor points, attached to support posts.
"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing is considered a residential use and is subject only to the restrictions and standards that apply to other residential dwellings of the same type (e.g., single-family residence(s) or multifamily development) in the same zone. "Target population" means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Development Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. "Tattoo parlor" means any establishment that places an indelible mark or figure upon the body by insertion of pigment on or under the skin or by the production of scars. "Transitional housing and transitional housing development" mean buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Transitional housing is considered a residential use and is subject only to the restrictions and standards that apply to other residential dwellings of the same type (e.g., single-family residence(s) or multifamily development) in the same zone. "Yard or setback" means an open area between a wall or other facility and the nearest lot line and measured perpendicular from the line, on a horizontal plane, to the wall of the facility. "Yard, front" means a yard measured perpendicular into a lot from its front lot line or lines, and extending the full width of the lot between its side lot lines.
"Yard, nonstreet frontage" means an interior side or rear yard. "Yard, rear" means a yard measured perpendicularly into a lot from its rear lot line or lines and extending the full width of the lot between its side lot lines. Page 41 of 336 "Yard, required" means that portion of a yard that meets or is required to meet the minimum dimensions for such a yard in the zone in which it is located. In the case of a lot where there is no rear lot line from which a required minimum rear yard depth may be measured there shall be provided, exclusive of any front yard or side yard adjacent to a street, an area having the area and dimensions equivalent to that required for a rear yard on a rectangular lot of the same area and in the same zone. "Yard, side" means a yard measured perpendicularly into a lot from one or more of its side lot lines, and extending between the required front yard and rear yard, or the front or rear lot lines in cases where no front yard or rear yard is required.
"Yard, street frontage" means a front yard or side yard adjacent to a street. (Ord. 408, 1987; Ord. 468 §§ 2, 3, 1990; Ord. 560 § 4, 1995; Ord. 736, 2003; Ord. 859 § B, 2008; Ord. 943 § 6, 2015; Ord. 991 § 3, 2017; Ord. 1013 § 2, 2020; Ord. 1021 § 3, 2021; Ord. 1054 § 4, 2023) Article III
Residential Zoning Regulations
Chapter 17.110
RE (RANCHETTE ESTATE) ZONE
§ 17.110.002 Permitted uses.
The following uses are permitted within the RE zone:
A. One single-family dwelling per parcel including manufactured homes; B. Rooming and boarding subject to Section 17.650.003;
C. Accessory facilities or buildings related to the primary use subject to Chapter 17.660; D. Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;
E. Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840; F. Small family residential care facilities are permitted by right. Family home day care, large subject to the conditions stated in Ordinance No. 560, are permitted by right in all single-family residential zones subject to the following conditionsF. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone. :
1. That a use permit be issued administratively by the zoning administrator, subject to compliance with the zoning standards of the city;
2. A one hundred dollar fee be collected;
3. The three hundred-foot radius notification process shall apply to all new large family home day care processed after the effective date of Ordinance No. 560. The notification shall be not less than ten days prior to the date of the zoning administrator's decision. The notice shall inform the owners of their rights to an administrative hearing;
4. The notification process shall not apply to the issuance of an administrative use permit to the following existing large family home day care properties that have been determined to be in compliance with the zoning standards of the city: APNs 017-300-009, 012-200-010, 012-290-026, 017-280-049, 017-340-
033, 019-160-025; and
5. Actions of the zoning administrator may be appealed pursuant to the appeal process in Chapter 17.880 of the zoning ordinance;
G. Agriculture, animal husbandry and limited animal husbandry subject to Chapter 17.670; H. The keeping of domestic animals or pets subject to Chapter 17.670; I. Signs subject to Chapter 17.640. ;
J. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
(Ord. 408, 1987; Ord. 560 § 4, 1995)
§ 17.110.003 Conditionally permitted uses.
The following uses require special consideration and approval of a conditional use permit in accordance with Chapter 17.830:
A. Secondary housing units subject to Section 17.100.005; B. Public facilities including parks, playgrounds, public schools and other public buildings; C. Churches and religious institutions and parochial or private schools; D. Community buildings, clubs and activities of quasi-public, social, fraternal or recreational character such as golf, tennis and swimming clubs intended to primarily serve the immediate neighborhood or residential project;
E. Large residential care facilities;
FE. Mobile home parks provided density does not exceed that specified in the general plan for the property on which the mobile home park is proposed and subject to the provisions of Chapter 17.710; G
F. Dog fancier's license in accordance with the provisions of Section 17.670.009. (Ord. 408, 1987; Ord. 507 § 2, 1992; Ord. 560 § 4, 1995) Chapter 17.140
R-2 (MODERATE DENSITY MULTIFAMILY RESIDENTIAL) ZONE
§ 17.140.001 Purpose of provisions.
The purpose of the R-2 (moderate density multifamily residential) zone is to encourage the development of more affordable and innovative housing primarily for duplexes, triplexes, townhouses and single-family attached or detached homes on smaller lots.
(Ord. 408, 1987)
§ 17.140.002 Permitted uses.
The following uses are permitted within the R-2 zone:
A. Single-family dwellings including manufactured homes; B. Rooming and boarding subject to Section 17.650.003;
C. Duplex, triplex, apartments and other small multifamily structures; townhouses and single-family attached homes; all not exceeding a density of nine dwellings per gross acre; D. Accessory facilities or buildings related to the primary use subject to Chapter 17.660; E. Temporary uses related to the primary use subject to obtaining a temporary use permit pursuant to Section 17.850;
F. Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840; G. Small family residential care facilities are permitted by right. Family home day care, large subject to the conditions stated in Ordinance No. 560, are permitted by right in all single-family residential zones subject to the following conditions:
1. That a use permit be issued administratively by the zoning administrator, subject to compliance with the zoning standards of the city; and
2. A one hundred dollar fee be collected; and
3. The three hundred-foot radius notification process shall apply to all new large family home day care processed after the effective date of Ordinance No. 560. The notification shall be not less than ten days prior to the date of the zoning administrator's decision. The notice shall inform the owners of their rights to an administrative hearing; and
4. The notification process shall not apply to the issuance of an administrative use permit to the following existing large family home day care properties that have been determined to be in compliance with the zoning standards of the city: APNs 017-300-009, 012-200-010, 012-290-026, 017-280-049, 017-340- 033, 019-160-025; and
5. Actions of the zoning administrator may be appealed pursuant to the appeal process in Chapter 17.880 of the zoning ordinance;
G. Residential Care Facilities, regardless of size and occupancy. Residential Care Facilities shall be subject only to the same requirements as other residential uses within the same zone.
H. Agriculture, animal husbandry and limited animal husbandry subject to Chapter 17.670; I. The keeping of domestic animals or pets subject to Chapter 17.670; J. Signs subject to Chapter 17.640.
K. Supportive Housing pursuant to Government Code Section 65651. Subject only to the same standards as other multifamily uses within the same zone;
L. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
(Ord. 408, 1987; Ord. 560 § 4,1995)
§ 17.140.003 Conditionally permitted uses.
The following uses require special consideration and approval of a conditional use permit in accordance with Chapter 17.830:
A. Public facilities including parks, playgrounds, public schools and other public buildings; B. Churches and religious institutions and parochial or private schools; C. Community buildings, clubs and activities of quasi-public, social, fraternal or recreational character such as golf, tennis and swimming clubs intended to primarily serve the immediate neighborhood or residential project;
D. Large residential care facilities;
ED. Residential projects with a density exceeding nine dwelling units per gross acre, however, no project shall exceed the minimum density of twelve dwelling units per gross acre; FE. Mobile home parks provided the density does not exceed that specified in the general plan for the property on which the mobile home park is proposed and subject to the provisions of Chapter 17.710; GF. Dog fancier's license in accordance with the provisions of Section 17.670.009. (Ord. 408, 1987; Ord. 507 § 3, 1992; Ord. 560 § 4, 1995) Article IV
Office and Commercial Zoning Regulations
Chapter 17.230
COR (COMMERCIAL OFFICE RESIDENTIAL) ZONE
§ 17.230.002 Permitted uses.
The following administrative and professional office uses, are permitted in the COR zone:
A. Those administrative and office uses permitted in the CO (commercial office) zone (Section
17.210.002);
B. Similar uses subject to the approval of the zoning administrator.(; C. Low-barrier navigation housing pursuant to Government Code Section 65650. Subject only to the same standards as other multifamily uses within the same zone and subject only to the same ministerial review process as emergency shelters, see Chapter 17.770; D. Supportive Housing pursuant to Government Code Section 65651. Subject only to the same standards as other multifamily uses within the same zone.
(Ord. 408, 1987)
Chapter 17.240
CR (COMMERCIAL RESIDENTIAL) ZONE
§ 17.240.002 Permitted uses.
The following commercial and office uses are permitted in the CR zone:
A. Commercial uses or services such as beauty shop, barber shop, shoe repair, laundromat, convenience retail uses such as café, bakery, pastry shop, book store, candy or ice cream store, apparel and accessory store, stationery store, drug store or pharmacy, food store and similar establishments; B. Business and professional offices such as architects, attorneys, accountants, engineers, insurance agency, real estate and similar professional and general business offices; C. Financial institution;
D. Similar uses subject to the approval of the zoning administrator.
E. Low-barrier navigation housing pursuant to Government Code Section 65650. Subject only to the same standards as other multifamily uses within the same zone and subject only to the same ministerial review process as emergency shelters, see Chapter 17.770; F. Supportive Housing pursuant to Government Code Section 65651. Subject only to the same standards as other multifamily uses within the same zone.
(Ord. 408, 1987; Ord. 468 § 7, 1990; Ord. 728, 2002)
Article VIII
Planned Development Zoning Regulations
Chapter 17.451
PD-1 (PLANNED DEVELOPMENT ONE) ZONE
§ 17.451.002 Permitted uses.
The following uses are permitted in the PD-1 zone:
A. Residential. All uses as set forth below:
1. Detached and attached single-family homes;
2. Accessory facilities or buildings related to the primary use subject to Chapter 17.660 of the Brentwood Municipal Code into required yards, as proposed for adoption by the Brentwood city council under this title at such time as this chapter becomes legally effective;
3. Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850 of the Brentwood Municipal Code, as proposed for adoption by the Brentwood city council under the ordinance codified in this title at such time as this chapter becomes legally effective;
4. Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840 of the Brentwood Municipal Code;
5. Small family residential care;
5. Residential Care Facilities, regardless of size and occupancy. Residential Care Facilities shall be subject only to the same requirements as other residential uses within the same zone.;
6. Agriculture, animal husbandry and limited animal husbandry pursuant to Chapter 17.670 of the Brentwood Municipal Code;
7. The keeping of domestic animals or pets pursuant to Chapter 17.670 of the Brentwood Municipal Code;
8. Signs pursuant to Chapter 17.640 of the Brentwood Municipal Code;
99. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone;
10. Similar uses subject to the approval of the zoning administrator. (Ord. 857 § 2, 2008)
§ 17.451.003 Conditionally permitted uses.
Upon obtaining a conditional use permit, the following uses are permitted in the PD-1 zone.
A. Secondary housing units subject to Section 17.100.005; B. Public facilities including parks, playgrounds, public schools and other public buildings; C. Churches and religious institutions and parochial or private schools; D. Community buildings, clubs and activities of quasi-public, social, fraternal or recreational character intended to primarily serve the immediate neighborhood or residential project; E. Riding academy or stables;
F. Large residential care facilities and day care centers subject to locational criteria adopted by resolution of the planning commission of the city of Brentwood;
GF. Residential projects with a density exceeding sixteen dwelling units per gross acre; however, no project shall exceed the maximum density of twenty dwelling units per gross acre; HG. A subsidized senior and handicap housing project at a density to be determined by the city based on location, design, availability of utilities and services and other criteria considered appropriate by the city;
IH. Buildings in excess of two stories or thirty-five feet in height. (Ord. 857 § 2, 2008)
Chapter 17.456
PD-6 (PLANNED DEVELOPMENT SIX) ZONE
§ 17.456.002 Permitted uses and conditionally permitted uses.
The following is a list of the permitted and conditional uses allowed within the project site. The symbols used will denote the following:
P = Permitted
C = Conditional
--- = Prohibited
PD-6—
PERMITTED
USES AND
CONDITIONA
LLY
PERMITTED
USES
Uses
L
D
RMDR HDR
Park/O.S./Public
Facility
Regional
Commercial
P.A. 1 Office
Commercial
P.A. 7 Office
Commercial
Accessory Uses P P P P P C C
Agricultural employee
housing for six or fewer
persons
P P --- --- --- ---
Arcades, Game -
-
-
--- --- C C C C
Auto Service Station -
-
-
--- --- --- C1 P --- ---
Bakeries -
-
-
--- --- --- P P C
Bar, Tavern, Cocktail
Lounge
-
-
-
--- --- --- P P ---
Barber and Beauty Salon -
-
-
--- C --- P P P
Book Stores -
-
-
--- --- --- P P P
Camera Stores -
-
-
--- --- --- P P P
Car Wash -
-
-
--- --- --- C C ---
Child Care Centers C C C C P P C
Churches C C C C --- C C
Commercial Recreation -
-
-
--- --- C P P P
Conference/ Convention
Facilities
-
-
-
--- --- --- P P C
Convalescent Home -
-
-
--- C --- --- C ---
Convenience, Liquor
Store
-
-
-
--- --- --- C C ---
Department Store -
-
-
--- --- --- P P ---
Drug Store -
-
-
--- --- --- P P C
Dry Cleaners -
-
-
--- --- --- P P C
Financial Institutions -
-
-
--- --- --- P P P
Firehouse C C C P P P p
Florist -
-
-
--- --- --- P P P
Galleries -
-
-
--- --- --- P P P
Gift Shop -
-
-
--- --- --- P P P
Golf Course -
-
-
--- --- --- --- --- ---
Health Clubs C C C P P P ---
Home Care—6 people or
less
P P P --- --- --- ---
Home Care— more than
6 people
C C C --- --- --- ---
Home Occupations C C C --- --- --- ---
Hospitals -
-
-
--- --- --- C C ---
Hotel -
-
-
--- --- --- P P C
Industry -
-
-
--- --- --- --- --- ---
Libraries -
-
-
--- --- C P P P
Manufacturing -
-
-
--- --- --- --- --- ---
Model Home Sales
Complex
C C C --- --- --- ---
Motels -
-
-
--- --- --- --- --- ---
Movie Theatre -
-
-
--- --- --- P P ---
Museum -
-
-
--- --- --- --- P P
Offices, Business,
Professional
-
-
-
--- --- --- P P P
Parks and Playgrounds C C C P C P P
Photo Development -
-
-
--- --- --- P P P
Post Office -
-
-
--- --- C C P P
Residential— detached P P P --- --- C ---
Residential— attached -
-
-
P P --- --- C ---
Residential Care
Facilities, regardless of
size and occupancy
P P --- --- --- ---
Restaurants— sit down -
-
-
--- --- --- P P C
Restaurants— drivethrough -
-
-
--- --- --- C --- ---
Retail and Service
Businesses
-
-
-
--- --- --- P P C
Schools— private C C C C --- --- ---
Supermarket -
-
-
--- --- --- P P ---
Utility Buildings and
Facilities
C C C C --- --- ---
Vehicle Sales, Leasing
and Rentals
-
-
-
--- --- --- P P C
Vehicle Repair -
-
-
--- --- --- C C ---
Veterinary Services -
-
-
--- --- --- C C C
Notes:
1Stand-alone auto
fueling and auto
service stations
are conditionally
permitted; auto
fueling stations
that are
accessory uses to
an anchor
retailer as the
principal use are
permitted.
For any uses not specifically listed above, the director of community development shall make a determination as to whether it shall be permitted, conditionally permitted or prohibited in the planning area. (Ord. 857 § 2, 2008; Ord. 899 § 2, 2012; Ord. 1013 § 2, 2020) Chapter 17.460
PD-10 (PLANNED DEVELOPMENT TEN) ZONE
§ 17.460.002 Permitted uses.
The following uses are permitted within the PD-10 zone:
A. Subarea A. The following uses shall be permitted within this subarea:
1. General retail sales (excluding uses without outdoor storage or display), financial institutions, professional offices uses; veterinarian or pet store (excluding kennels), supermarket and drugstores;
2. Service uses including, but not limited to, banks, addressing and mailing service, appliance, television and radio repair; barber or beauty shop; butcher, meat market, including frozen food locker; shoe repair, laundromat, dry cleaners and similar uses;
3. Similar uses subject to the approval of the zoning administrator.
B. Subarea B. The following uses shall be permitted within this subarea:
1. Commercial uses or retail sales including, but not limited to, auto rental, leasing or sales, auto service and repair facility, boat and recreational vehicle sales, service and repair facility, parts and accessory store, home improvement, garden supply or nursery, factory outlet retail facilities and similar retail uses requiring or best suited for operation within a warehouse-type facility, commercial uses which may or may not manufacture their primary product on the premises such as drapery shop, cabinet shop, upholstery shop, veterinary clinic, kennel and similar uses;
2. Business services such as laundry, dry cleaning, automotive repair or service establishments such as electronic, clock or watch repair, small equipment rental or repair, health club, reducing studio, recreation club and similar facilities;
3. Office uses which are supplementary to industrial, business or commercial uses, public and quasi-public offices such as government offices, employment office, or utility office;
4. Similar uses subject to the approval of the zoning administrator.
C. Subarea C. The following uses shall be permitted within this subarea:
1. Commercial uses or services such as beauty shop, barber shop, shoe repair, laundromat, community or residential care facility, convenience retail uses such as bakery, pastry shop, bookstore, candy or ice cream store, apparel and accessory store, stationery store, drugstore or pharmacy, food store and similar establishments;
2. Business and professional offices such as architects, attorneys, accountants, engineers, insurance agency, real estate and similar professional and general business offices;
3. Financial institutions;
4. Residential uses consisting of apartments, condominiums or townhomes at a density of twenty units per acre;
55. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
6. Similar uses subject to the approval of the zoning administrator.
D. Subarea D. The following uses shall be permitted within this subarea:
1. Apartments, condominiums, townhouses and attached single-family homes not exceeding a density of sixteen dwelling units per gross acre;
2. Rooming and boarding subject to Section 17.650.003;
3. Accessory facilities or buildings related to the primary use subject to Chapter 17.660;
4. Temporary uses related to the primary use subject to obtaining a temporary use permit pursuant to Section 17.850;
5. Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840..
6. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
7. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
E. Subarea E. The following uses shall be permitted within this subarea:
1. Business and professional offices such as architects, attorneys, accountants, engineers, insurance agencies, real estate, medical, dental, dental laboratory, optical and other professional and general business offices;
2. Financial institutions;
3. Addressing and mailing service, blueprinting and photostating service (other than a printer or lithographer), drafting service, messenger service, stenographic service, telegraph office, answering service, private postal box service, travel agency and similar services typically associated with administrative and professional offices;
4. Public and quasi-public offices such as government offices, library, employment office, utility offices and similar uses;
5. Similar uses subject to the approval of the zoning administrator. (Ord. 857 § 2, 2008)
Chapter 17.463
PD-13 (PLANNED DEVELOPMENT THIRTEEN) ZONE
§ 17.463.003 Permitted uses.
The following residential uses may be allowed, provided that a master land use plan has already been approved for the property:
A. Medium Lot Single-Family Residential (Medium Lot). The medium lot single-family residential category allows primarily single-family detached homes. The following standards apply to this category:
1. Medium lot permitted uses:
a. One single-family dwelling per parcel;
b. Rooming and boarding subject to Section 17.650.003 of this title; c. Accessory facilities or buildings related to the primary use subject to Chapter 17.660 of this title; d. Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850 of this title;
e. Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840 of this title;
f. Small family residential care facilities;
f. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone. ;
g. The keeping of domestic animals or pets subject to Chapter 17.670 of this title; h. Signs subject to Chapter 17.640 of this title;
i. Secondary housing units subject to Section 17.100.005 of this title. j. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
(Ord. 857 § 2, 2008)
§ 17.463.004 Conditionally permitted uses.
Medium Lot Conditionally Permitted Uses.
A. Public facilities including parks, playgrounds, public schools and other public buildings; B. Churches, religious institutions and private schools; C. Community buildings, clubs and activities of quasi-public, social, fraternal or recreational character such as golf, tennis and swimming clubs intended to primarily serve the immediate neighborhood or residential project;
D. Large residential care facilities and day care centers. (Ord. 857 § 2, 2008)
Chapter 17.465
PD-15 (PLANNED DEVELOPMENT FIFTEEN) ZONE
§ 17.465.002 Areas A1, A2 and A3—Residential and golf uses.
A. Permitted Uses—Age-Restricted Areas A1 and A2. Single-family detached and attached homes for agerestricted occupancy are permitted uses within Areas A1 and A2.
B. Permitted Uses—Non-Age-Restricted Area A3. Single-family detached homes for non-age-restricted occupancy are permitted uses within Area A3.
C. Additional Permitted Uses—All Residential Areas A1, A2 and A3.
1. Model home sales facilities;
2. Golf course and related facilities including, tennis courts, maintenance structures and related recreation facilities;
3. Homeowners' association recreation buildings, tennis courts, recreational vehicle parking lots, other common-use facilities and open area;
4. Other uses determined by the community development department to be similar to and compatible with the preceding permitted uses.
5. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
6. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
D. Conditionally Permitted Uses—All Residential Areas A1, A2 and A3. Land uses determined by the community development department to be similar to or ancillary to a permitted use may be permitted pursuant to approval of a conditional use permit.
E. Maximum Number of Units, Lot Area, Setbacks, Height and Parking—All Residential Areas A1, A2 and A3.
1. Maximum Number of Units. A maximum of six hundred seventy-four dwelling units may be developed within Areas A1, A2 and A3.
2. Minimum Lot Area. The minimum area of a residential lot area shall be four thousand square feet, provided that two thousand five hundred square feet is the permitted minimum per attached duet dwelling unit. A variety of lot sizes, larger than the minimums, shall be included to provide a variety of
housing products and yard conditions.
3. Setbacks, Height and Parking. Each yard setback specified in Table A shall be measured from its respective property line, except that measurement shall be from the back of the sidewalk wherever a street's sidewalk lies inside a lot. All yard setbacks shall be measured to the nearest specified wall of the dwelling. Allowable projections into yard setbacks shall be as set forth in Section 17.660.005 of Chapter
17.660, Encroachments Into Required Yards.
TABLE A
Setbacks,
Height and
Parking
Area A1 AgeRestricted Home Area A1 AgeRestricted Home Area A2 AgeRestricted Home Area A3 Non-AgeRestricted Home Minimum
(Min.),
Maximum
(Max.)
A. Min. Front
Yard
Duet Lot All Other Lots All Lots All Lots
(1) To door of a
front-entry
garage
18′ 18′ 20′ 20′
(2) To a wall of
a side-entry
garage
NA 10′ 10′ 10′
(3) To a wall of
a habitable
room
13′ 13′ 20′ 20′
B. Min. Side
Yard Adjoining
a Street
NA 12′ 15′ 15′
C. Min. Side
Yard at Interior
Lot Line
(1) To a wall of
a garage
5′
1 5′ 5′ 5′
(2) To a wall of
a habitable
room
5′
1 6′ 5′ 5′
(3)Aggregate,
both side yards
5′
1 12′ 10 for lots less than
55′ wide; 15′ for lots
55′ and wider
10 for lots less than 55′
wide; 15′ for lots 55′ and
wider
TABLE A
Setbacks,
Height and
Parking
Area A1 AgeRestricted Home Area A1 AgeRestricted Home Area A2 AgeRestricted Home Area A3 Non-AgeRestricted Home D. Min. Rear
Yard
5′
2 15′ where the yard
adjoins a golf course;
15′ minimum and 20′
average elsewhere
15′ where the yard
adjoins a golf course;
15′ minimum and 20′
average elsewhere
15′ minimum and 20′
average
E. Min. OffStreet Parking
Spaces
(1) In a garage 1 2 2 2
(2) In a
driveway
2 F. Max.
Building
Height
35′ 35′ 35′ 35′
Notes:
1 A 0′ setback is permitted at one side yard of a duet lot. 2 Every duet unit shall include patio area of not less than 15′ x 10′.
F. Construction Standards—All Residential Areas A1, A2 and A3.
1. Variety in Building Mass—Age-Restricted Homes Areas A1 and A2. Variety in building mass shall be accomplished by:
a. Inclusion in the floor plans available for purchase, varying front façade design, such as optional sideentry garages and varying the entryway location and design; b. Avoidance of using of a single floor plan more than twice in any group of four or more contiguous homes;
c. Inclusion of floor plan purchase-options, such as additional golf cart garage space, which alter the visual mass of a floor plan;
d. Multiple floor plans incorporating design variations such as those of subdivisions a, b and c above, shall be submitted at the time of site design and development review.
2. Variety in Building Mass—Non-Age-Restricted Homes Area A3. In each group of four or more contiguous homes, twenty-five percent shall be constructed with one or more of:
a. Single story units; or
b. Side-entry garages; or
c. Minimum front setback of thirty feet.
3. Acoustical Analysis—All Residential Areas A1, A2 and A3. Dwellings adjacent to Balfour Road, Fairview Avenue, Central Boulevard and the proposed Highway 4 Bypass shall be designed to meet the city's interior noise level standard of forty-five dBA Ldn.
G. Design Review—All Residential Areas A1, A2 and A3.
1. Residential Buildings. Design and site development review shall be required for residential buildings pursuant to Chapter 17.820, except that the authority to review and approve or deny an application for design and site development review is delegated to the community development department.
2. Landscaping, Fencing and Walls. Landscaping, fencing and walls in areas adjoining a public or private street shall conform to a plan to be approved by the community development department prior to issuance of building permits for the lots to be landscaped, fenced or walled. The plan shall specify colors, materials and spacing of elements.
3. Recreational and Conditionally Permitted Facilities. Design and site development review approval by the planning commission pursuant to Chapter 17.820 shall be required for the following:
a. Golf clubhouse and related buildings;
b. Recreational buildings and accompanying outdoor facilities such as pools; c. Buildings for which approval of a conditional use permit by the planning commission is required. (Ord. 857 § 2, 2008)
Chapter 17.466
PD-16 (PLANNED DEVELOPMENT SIXTEEN) ZONE
§ 17.466.002 Permitted uses.
The following uses are permitted within the PD-16 zone:
A. Village I. The following uses shall be permitted within the village:
1. One single-family dwelling per parcel and a secondary dwelling unit over the garage per the approved PD architectural review documents;
2. Accessory uses subject to Section 17.650.003, excluding rooming and boarding, transient housing and nonresidential accessory uses (i.e., Christmas tree lot, fruit stand, etc.);
3. Accessory buildings subject to Section 17.660.006 and accessory structures subject to Section
17.660.007. Temporary uses defined in Section 17.850.003 shall also be excluded;
4. Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840;
5. Community and neighborhood parks as shown on approved tentative map;
6. The keeping of domestic animals or pets subject to Chapter 17.670;
7. Small-family day care facilities limited to a maximum of six children.
8. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
9. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
B. Village II. The following uses shall be permitted within the village:
1. One single-family dwelling per parcel;
2. Accessory uses subject to Section 17.650.003, excluding rooming and boarding, transient housing and nonresidential accessory uses (i.e., Christmas tree lot, fruit stand, etc.). Temporary uses defined in Section 17.850.003 shall also be excluded;
3. Accessory buildings subject to Section 17.660.006 and accessory structures subject to Section
17.660.007;
4. Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840;
5. Community and neighborhood parks as shown on approved tentative map;
6. The keeping of domestic animals or pets subject to Chapter 17.670;
7. Small-family day care facilities limited to a maximum of six children.
8. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
9. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
C. Subarea A. The following uses shall be permitted within this subarea:
1. General retail sales (excluding uses with outdoor storage or display); financial institutions; professional offices uses; pet stores (excluding kennels); markets and food stores; appliance, radio and television sales; drug and general convenience stores;
2. Existing nonconforming uses within subarea A shall include two existing single-family residences which will be allowed to continue indefinitely until a time when the structure is modified or converted to another use wherein it may no longer maintain its nonconforming status and will be held to the planned development standards applicable to subarea A;
3. Service uses including, but not limited to, banks; cafés and bakeries; addressing and mailing service; barber or beauty shop; butcher shop; delicatessen; shoe repair and sales; laundromat; dry cleaners; and similar uses;
4. Commercial uses and convenience retail uses such as bakery, pastry shop, book store, candy or ice cream store, apparel and accessory store, stationery store and similar retail establishments;
5. Business and professional offices such as architects, financial institutions, attorneys, accountants, engineers, travel agency, insurance agency, title companies, real estate and similar professional and general business offices;
6. Parks, playgrounds and open space uses identified on the approved tentative map;
7. Similar uses subject to the approval of the zoning administrator.
D. Subarea B. The following uses shall be permitted within this subarea:
1. Single-family detached dwelling units;
2. Rooming and boarding subject to Section 17.650.003;
3. Accessory structures shall be permitted subject to specific small-lot accessory structure development standards that may be prepared by the developer and submitted for the review and approval of the community development director prior to recordation of the final map. All future accessory structures shall adhere to these development standards;
4. Temporary uses related to the primary use and subject to obtaining a temporary use permit subject to Chapter 17.850;
5. Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840;
6. The keeping of animals or pets subject to Chapter 17.670;
7. Recreational trails, parks and open space;
8. Accessory dwelling units in accordance with Chapter 17.100;
99. Residential Care Facilities, regardless of size and occupancy. Residential Care Facilities shall be subject only to the same requirements as other residential uses within the same zone.
10. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
11. Similar uses as determined by the community development director. (Ord. 894 § 2, 2011; Ord. 991 § 4, 2017)
Chapter 17.467
PD-17 (PLANNED DEVELOPMENT SEVENTEEN) ZONE
§ 17.467.002 Garin Ranch specific plan.
The Garin Ranch specific plan as adopted by Ordinance No. 505 and as may be subsequently amended, provides the land use and development regulations for the planned development zone district. The Garin Ranch specific plan is not intended to supersede or amend other sections of Title 17 of this code or any other chapter of this code. In the event of conflict between the provisions of the specific plan and other provisions of this code, the other provisions shall prevail.
A. Purpose and Intent. These regulations will serve as the primary mechanism for implementation of the land uses for the Garin Ranch specific plan. Implementation of the standards set forth in this section will insure that future development proceeds in a coordinated manner consistent with the goals and objectives of the Garin Ranch specific plan and Brentwood general plan. Future review of staff approval permits and other necessary discretionary approvals by the city of Brentwood will ensure the realization of these standards.
The regulations contained herein provide an appropriate amount of flexibility to anticipate future needs and to achieve compatibility between land uses. Principal land use designations for the specific plan shall be as follows:
1. Residential; Page 60 of 336
2. Commercial;
3. School district;
4. Parks;
5. Parks/detention.
All such development within Garin Ranch shall conform to the development standards as set forth in the specific plan. The city Zoning Ordinance shall have effect on areas which are not covered by the standards. In areas of conflict between the city Zoning Ordinance and these provisions, this specific plan shall control.
B. Definitions. For the purposes of this specific plan, the definitions contained in the Brentwood Zoning Ordinance shall apply.
C. General Provisions.
1. Code Compliance: All construction and development within the specific plan area shall comply with applicable provisions of the Uniform Building Code and the various related mechanical, electrical, plumbing codes, fire code, water ordinance, grading and excavation code and the subdivision code, as currently adopted by the city of Brentwood.
2. Setbacks: The setback requirements are as specified within the development standards for each zoning designation. If not otherwise specified, all setbacks shall be determined as the perpendicular distance from the existing or planned street right-of-way line, or property line, to the foundation point of the closest structure.
3. Process and Procedures: If specific development standards have not been established or if an issue, condition or situation arises or occurs that is not clearly understandable in the specific plan, then those regulations and standards of the Brentwood Zoning Ordinance that are applicable for the most similar issue, condition or situation shall apply as determined by the city community development director.
These regulations are adopted pursuant to Section 65450 of the state of California Government Code. It is specifically intended by such adoption that the development standards herein shall regulate all development within the specific plan area.
4. Violations: Any person, firm or corporation, whether a principal, agent, employee or otherwise, violating any provisions of these regulations shall be made to comply with the Brentwood Zoning Ordinance pertaining to zoning misdemeanors.
5. Unlisted Uses: Whenever a use has not been specifically listed as being a permitted use in a particular zone classification within the specific plan, it shall be the duty of the city community development director to determine if said use is: (1) consistent with the intent of the zone; and (2) that said use is compatible with other listed permitted uses. Any person aggrieved by the determination may appeal that decision to the city planning commission.
D. General Standards.
1. Abandoned Vehicles: Those provisions contained in Chapter 10.28 of the Brentwood City Code shall apply to all development within the specific plan area.
2. Nonconforming Uses of Land: Those provisions contained in Brentwood Zoning Ordinance Chapter
17.610 shall apply to all development within the specific plan area.
3. Nonconforming Structures: Those provisions contained in Brentwood Zoning Ordinance Chapter 17.610 shall apply to all development within the specific plan area.
4. Planning Area Adjustments: The specific plan allows for flexibility to move uses within the general locations (planning areas) shown on the maps.
Adjustments in the planning area boundaries, which do not exceed a cumulative total of ten percent of the original size in acres, resulting from final road alignments, geotechnical or engineering refinements to the site plan, tentative and/or final tract shall not require an amendment of the specific plan where such adjustments are consistent with the intent of the city general plan and this specific plan.
Boundaries not dimensioned on the land use plan shall be established at the tentative or final subdivision map process.
5. Exterior Lighting: Outdoor lighting in public rights-of-way and on private property shall be the minimum to serve its intended purpose. On private property, light sources shall be oriented downward and inward and fixtures shall be selected to minimize illumination of areas not intended to be lit.
Generally, the light source shall be shielded so as not to be visible off the premises. Lighting levels will be sufficient to provide for personal safety after dusk.
6. Outdoor Screening: Parking areas abutting street: A screen or other similar structure shall be installed along all parking areas abutting any street. Except as otherwise provided below, the screening shall have a maximum height of three and one-half feet.
a. Outdoor storage in nonresidential areas shall be screened from view. Trash enclosures shall be enclosed and designed to minimize visibility.
b. A screen as referred to above shall consist of one or any combination of the following:
i. Walls, Including Retaining Walls: A wall shall consist of stone, tile or similar type of solid masonry material a minimum of six inches thick.
ii. Berms: A berm shall be constructed of earthen materials and it shall be landscaped. iii. Fences: A fence shall be constructed of wood, or other materials having a minimum nominal thickness of two inches.
c. Mechanical Equipment: Mechanical equipment placed on any roof or ground level such as, but not limited to, air conditioning, solar devices, heating, ventilating ducts and exhaust, shall be reasonably screened or recessed from view from any abutting street or highway and any abutting residential planning areas.
Note: Mechanical equipment is prohibited on residential roofs.
E. Signage. Those provisions contained in the Brentwood Zoning Ordinance Chapter 17.640 (Signs) shall apply to all development within the specific plan area. A master sign plan shall be designed for the specific plan area which is to be submitted and approved by the city prior to the recordation of any final map. With each phase of development, the city shall ensure that signage is consistent with the master sign plan.
F. Parking. Parking shall be in conformance with the standards set forth in the Brentwood Zoning Ordinance Chapter 17.620 (Off-Street Parking). No on-street parking shall be allowed along major arterial streets nor along collector streets, as follows:
Major Streets: Balfour Road, Sellers Avenue
Collectors: Fairview Parkway, Oak Street, Sycamore Drive G. Landscaping. A landscaping and tree planting plan will be required for all development plans or similar information may be required to be included on plot plans.
All front yards adjoining a public or private street shall be landscaped prior to the granting of an occupancy permit. A landscaping plan indicating the type of plants, initial plant size, location and method of irrigation for all landscaped areas including single-family yard areas shall be submitted and approved by the city community development director.
The standards which follow shall apply to all development except, single-family detached subdivisions not having common areas. Landscaping, consisting of evergreen or deciduous trees, shrubs or groundcover shall be installed and maintained subject to the following standards:
1. General:
a. Separation: Any landscaped area shall be separated from an adjacent vehicular area by a wall or curb at least six inches higher than the adjacent vehicular area. b. Water: Permanent automatic watering facilities shall be provided for all landscaped areas. This system may be augmented by water conserving vegetation.
c. Maintenance: All landscaping shall be maintained in a neat, clean and healthful condition. The city has a requirement that all commercial sites enter into an agreement for the maintenance of landscaped areas. d. All plants within required setback shall be of species suited to valley conditions, using plants listed in the Garin Ranch Design Guidelines.
e. Parking delineators of a minimum area of eighty square feet shall be established at a maximum separation of ten continuous parking stalls. The islands shall be landscaped with groundcovers, with one fifteen-gallon tree planted in each island. Trees should provide a sixty percent shade canopy within fifteen years of planting. A total of two trees shall be provided for every island:
f. All landscaping required within this section shall be reviewed by the planning department as to the type, density of planting and size of plants intended for use. Irrigation lines should be extended to parkways along Balfour Road, Sellers Avenue and Fairview Parkway. A landscaping and lighting district will maintain landscaping within parks, public right-of-way and landscape easements. This landscape district will be annexed to an existing city landscape district. Landscaping within residential property lines shall be maintained by the property owner.
g. All landscaped areas shall be surrounded with six-inch high concrete curbing, unless waived by the design review committee.
2. Trees:
a. Spacing of trees is to be variable depending on type, location and eventual size. The Garin Ranch Design Guidelines specify street tree and median tree spacing. b. Trees to be used are listed in the Garin Ranch Design Guidelines, Section V.
3. Shrubs: At least seventy-five percent of shrub planting shall be a five-gallon minimum size. One-gallon shrubs should only be used as accent shrubs.
4. Berms: Berms are encouraged along street frontages with a slope rate not to exceed 3:1. Berms of two to three and one-half feet in height should be located along Sellers Avenue and Balfour Road.
Berms are to be compacted prior to planting to prevent excessive runoff and sinkage.
Black plastic is not to be used under wood chips on mounds, or slopes in general.
5. Groundcovers:
a. Definitions:
"Living groundcover" shall mean low-growing plants or shrubs that after being planted will grow together to form a solid cover in one year or less. To achieve that coverage, low-growing groundcover plants taken from flats shall be planted a maximum of twelve inches on center and low-growing shrub type groundcovers grown in cans shall be planted a maximum of three feet on center. "Non-living groundcover" shall mean forest humus or walk-on bark, aggregate rock, and other materials by permission of the planning department.
b. All areas within a required setback shall contain living groundcover or a combination of living and nonliving groundcovers (nonliving to be a maximum of twenty percent).
6. Fencing: Fencing shall occur at the time of development.
A six-foot high solid masonry wall shall be provided along single-family residential areas adjacent to collector streets except for back or side on lots unless otherwise determined by the city community development director. However, side on culs-de-sac and breaks in fencing and variations in fencing setbacks are encouraged. Streetside and rear yard fencing shall be provided for all single-family detached units on individual lots. The fence will be a six-foot high solid wood fence. Noise attenuation walls along Balfour may require additional height and are subject to approval by the community development director.
Commercial sites that abut residential areas shall provide a minimum of six-foot high masonry wall along such residential border. Pedestrian access from multifamily sites to commercial sites is encouraged.
7. Specific Plan Regulation Validity: If any portion of these regulations is, for any reason, declared by a court of competent jurisdiction to be invalid or ineffective in whole or in part, such decision shall not affect the validity of the remaining portions thereof. The city council hereby declares that they would have enacted these regulations and each portion thereof respective of the fact that anyone or more portions be declared invalid or ineffective.
H. Oil and Gas. Oil and gas production may be allowed in accordance with Chapter 17.680 (Oil and Gas Production) of the Brentwood Municipal Code.
I. Commercial Development Regulations. The commercial zone is intended to serve the general shopping needs of the Garin Ranch community as well as the city of Brentwood and the surrounding area.
Development, including subdividing parcels, will not be allowed within the commercial zone unless a comprehensive site development plan is approved by the planning commission. This plan must include a major tenant, a day care facility, a Park-and-Ride lot and pedestrian access to the school site.
1. Permitted Uses: General retail sales excluding uses with outdoor storage or display; professional office uses, veterinarian or pet stores excluding kennels. Such uses include:
a. Apparel stores, bakery, banks and financial institutions, beauty or barber shops, book store, candy Page 64 of 336 stores, cleaning and laundry agencies, delicatessen, floral shops, food stores, gift shop, meat markets, offices, pharmacy, photography studios, photo processing, sporting goods, video machine and tape rental/sales.
b. Service uses including, but not limited to, addressing and mailing service, appliance, television and radio repair, barber or beauty shop, butcher, meat market, including frozen food locker, shoe repair, laundromat, dry cleaners and similar uses.
c. Office uses.
d. Restaurant or café without liquor sales.
e. Day care facilities.
2. Conditionally Permitted Uses:
a. Billiard hall; dance hall; laboratory-medical, dental, optical; meeting room lodge, fraternal hall, community facility, medical or dental office, hospital, restaurant or café with liquor sales, on- or off-sale liquor establishments, recreation services.
b. All drive-in, drive-through establishments, garden supply, outdoor sales or display.
3. Site Development Standards: Any development of the commercial site will be preceded by a preliminary site plan for the entire site.
Lot Area: Minimum 7,500 sq. ft.
Lot Width: Minimum 50 feet
Front Yard Setback: 25 feet on Highway 4 frontage, 20 feet along Balfour Side Yard Setback: 10 feet, 0 feet if adjacent to existing commercial, 15 feet when abutting a residential use
Rear Yard Setback: 10 feet, 0 feet if adjacent to existing commercial, 15 feet when abutting a residential use
Building Height: 45 feet
Screening: A 6-foot masonry wall shall be constructed along a property line to any residential use. Landscape screening as subject to city review.
All commercial facilities shall provide masonry refuse disposal closure which meet city standards and specifications.
Parking: Off-street parking shall be provided in accordance with Chapter
17.620 of the Brentwood Municipal Code. The additional parking needed for the park and ride area may be partially credited toward the off-street parking.
Bus Facilities: Facilities must be provided in the commercial zone for covered bus stops.
Illumination of
Parking Facilities and
All commercial facilities shall provide adequate lighting or illumination of parking facilities and structures in accordance with
Structures: Chapter 17.062, of the Brentwood Zoning Ordinance.
Open Storage or
Display:
Open storage and/or outdoor display of merchandise is prohibited in the commercial zones.
Yards: All required yards shall be utilized for landscaping only, except for access drives to the property.
Security Measures: All commercial facilities shall provide security measures in accordance with city standards and subject to design review.
Conservation: All commercial facilities shall, to the greatest extent possible, incorporate energy and water conservation measures in conformance with city standards and subject to design review.
Building and Roofing
Materials:
All commercial facilities should utilize those materials which have been recommended as acceptable material, subject to design review, and maintained on file within the planning department of the city of Brentwood.
J. Residential Development Standards. The Garin Ranch specific plan has been designed to provide a variety of housing types including small and large lot single-family housing, attached single-family housing, condominiums, and townhouses. Provisions have also been made to allow for low and moderate income housing and senior housing. A minimum of fifty percent of all single-family detached units within the development and within each planning area shall be:
1. Garage with side entry; or
2. Detached garages within the rear yard; or
3. Garage set back from the unit by at least five feet. In this case the front yard setback can be reduced.
At least:
1. Twenty-five percent of all units within the southern half and northern half shall be onestory units.
2. Twenty-five percent of all units within the southern half and northern half shall be two story units.
Architecture style, as further outlined in the Garin Ranch Design Guidelines should emulate the quasi historic style of Brentwood through the use of porches, steeper roof pitches and dormer windows.
1. Large Lot Single-family Residential: The large lot single-family residential category allows for primarily single-family detached homes. The following standards apply to this category. a. Permitted Uses.
i. One single-family dwelling per parcel.
ii. Rooming and boarding subject to Brentwood Municipal Code (BMC) Section 17.650.003. Page 66 of 336 iii. Accessory facilities or buildings related to the primary use subject to BMC Chapter 17.660. iv. Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to BMC Chapter 17.850.
v. Home occupations subject to obtaining a home occupation permit pursuant to BMC Chapter 17.840. vi. Small family residential care facilities subject to locational criteria adopted by resolution of the planning commission of the city of Brentwood.
vii. The keeping of domestic animals or pets subject to BMC Chapter 17.670. viii. Signs subject to BMC Chapter 17.640.
b. Conditionally Permitted Uses.
i. Accessory dwelling units subject to BMC Section 17.100.005. ii. Public facilities including parks, playgrounds, public schools and other public buildings. iii. Churches, religious institutions and private schools. iv. Community buildings, clubs and activities of quasi public, social, fraternal or recreational character such as golf, tennis and swimming clubs intended to primarily serve the immediate neighborhood or residential project.
v. Large residential care facilities and day care centers subject to locational criteria adopted by resolution of the planning commission of the city of Brentwood.
c. Site Development Standards.
Unit
Density:
Unit density shall not be greater than 4.5 dwelling units per acre.
Lot Area: Minimum 6,000 square feet.
Lot Width: Minimum 60 feet for interior lots and 65 feet for corner lots, minimum of 40 feet at the street for cul-de-sac lots.
Lot Depth: Minimum 100 feet.
Height: No main building shall exceed the height of 2 stories or 30 feet.
Rear Yard: Minimum 15 feet, average 20 feet for all lots except those backing up to a thoroughfare, minimum 20 feet for thoroughfare lots, average 25 feet.
Front Yard: Minimum 20 feet for front facing garages. Minimum 15 feet for house and side facing garages.
Side Yard: Minimum 5 feet, sum of both side yards 12 feet. Corner lots shall have a minimum 10 feet on street side.
Garage: Maximum 45% of the lot width.
Parking: Minimum 1.0 space per lot, on street, plus 2 covered spaces in a garage.
2. Medium Lot Single-Family Residential. The medium lot single-family residential category allows for primarily single-family detached homes. The following standards apply to this category. a. Permitted Uses.
i. One single-family dwelling per parcel.
ii. Rooming and boarding subject to Brentwood Municipal Code (BMC) Section 17.650.003. iii. Accessory facilities or buildings related to the primary use subject to BMC Chapter 17.660. iv. Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to BMC Chapter 17.850.
v. Home occupations subject to obtaining a home occupation permit pursuant to BMC Chapter 17.840. vi. Small family residential care facilities subject to locational criteria adopted by resolution of the planning commission of the city of Brentwood.
vii. The keeping of domestic animals or pets subject to BMC Chapter 17.670. viii. Signs subject to BMC Chapter 17.640.
b. Conditionally Permitted Uses.
i. Accessory dwelling units subject to BMC Section 17.100.005. ii. Public facilities including parks, playgrounds, public schools and other public buildings. iii. Churches, religious institutions and private schools. iv. Community buildings, clubs and activities of quasi public, social, fraternal or recreational character such as golf, tennis and swimming clubs intended to primarily serve the immediate neighborhood or residential project.
v. Large residential care facilities and day care centers subject to locational criteria adopted by resolution of the planning commission of the city of Brentwood.
c. Site Development Standards.
Unit
Density:
Unit density shall not be greater than 5.0 dwelling units per acre.
Lot Area: Minimum 5,000 square feet.
Lot Width: Minimum 50 feet for interior lots and 55 feet for corner lots, minimum of 40 feet at the street for cul-de-sac lots.
Lot Depth: Minimum 100 feet.
Height: No main building shall exceed the height of 2 stories and 30 feet.
Rear Yard: Minimum 15 feet, average 20 feet for all lots except those backing up to a thoroughfare, minimum 20 feet for thoroughfare lots, average 25 feet.
Front Yard: Minimum 15 feet for house and 20 feet for garage.
Side Yard: Minimum 5 feet, sum of both side yards 12 feet. Corner lots shall have minimum 10 feet on street side.
Garage: Maximum 45% of the lot width.
Parking: Minimum 1.0 space per lot on street plus 2 covered spaces in a garage.
3. Small Lot Single-Family Residential. The small lot single-family residential category allows for singlefamily detached homes and duets (single-family attached homes). The following standards apply to this category.
a. Permitted Uses.
i. One single-family dwelling or duet per parcel.
ii. Rooming and boarding subject to Brentwood Municipal Code (BMC) Section 17.650.003. iii. Accessory facilities or buildings related to the primary use subject to BMC Chapter 17.660. iv. Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to BMC Chapter 17.850.
v. Home occupations subject to obtaining a home occupation permit pursuant to BMC Chapter 17.840. vi. Small family residential care facilities subject to locational criteria adopted by resolution of the planning commission of the city of Brentwood.
vii. The keeping of domestic animals or pets subject to BMC Chapter 17.670. viii. Signs subject to BMC Chapter 17.640.
b. Conditionally Permitted Uses.
i. Accessory dwelling units subject to BMC Section 17.100.005. ii. Public facilities including parks, playgrounds, public schools and other public buildings. iii. Churches, religious institutions and private schools. iv. Community buildings, clubs and activities of quasi public, social, fraternal or recreational character such as golf, tennis and swimming clubs intended to primarily serve the immediate neighborhood or residential project.
v. Large residential care facilities and day care centers subject to locational criteria adopted by resolution of the planning commission of the city of Brentwood.
c. Unit density shall not be greater than six dwelling units per acre. d. Site Development Standards for Single-Family.
Unit
Density:
Unit density shall not be greater than six dwelling units per acre.
Lot Area: Minimum 4,500 square feet.
Lot Width: Minimum 45 feet for interior lots and 50 feet for corner lots. Minimum of 35 feet at the street for cul-de-sac lots.
Lot Depth: Minimum 100 feet.
Height: No main building shall exceed the height of 2 stories and 30 feet.
Rear Yard: Minimum 15 feet, average 20 feet for all lots except those backing up to a thoroughfare. Minimum 20 feet for thoroughfare lots, average 25 feet.
Front Yard: Minimum 15 feet for house and 20 feet for garage.
Side Yard: Minimum 0 feet, sum of both side yards 10 feet. Corner lots shall have minimum 10 feet on street side.
Garage: Minimum 5-foot offset from the main building. Maximum 55% of the lot width.
Parking: Minimum 1.0 space per lot on street plus 2 covered spaces in a garage. The onstreet parking may also be provided via parking bays. e. Site Development Standards for Duets.
Lot Area: Minimum 3,200 square feet.
Lot
Width:
Minimum 40 feet for interior lots and 45 feet for corner lots. Minimum of 35 feet at the street for cul-de-sac lots.
Height: No main building shall exceed the height of 2 stories and 30 feet.
Rear
Yard:
Minimum 15 feet, average 20 feet.
Front
Yard:
Minimum 10 feet for house and 20 feet for garage.
Side
Yard:
Minimum 0 feet on the attached side and 5 feet on the exposed side, provided there is a minimum of 15 feet between buildings. Duets on corner lots shall have a minimum 10 feet on the street side.
Garage: Minimum 5-foot offset if 2 garages are attached.
Parking: Minimum 0.5 spaces per lot on street plus 2 covered spaces in a garage. The onstreet parking may also be provided via parking bays.
4. Wide-Shallow Single-Family Residential. The wide-shallow single-family residential category allows for single-family detached homes on interior lots and duets on the corners. The following standards
apply to this category.
a. Permitted Uses.
i. One single-family dwelling per parcel.
ii. One duet per parcel on corner lots.
iii. Rooming and boarding subject to Brentwood Municipal Code (BMC) Section 17.650.003. iv. Accessory facilities or buildings related to the primary use subject to BMC Chapter 17.660. v. Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to BMC Chapter 17.850.
vi. Home occupations subject to obtaining a home occupation permit pursuant to BMC Chapter 17.840. vii. Small family residential care facilities subject to locational criteria adopted by resolution of the planning commission of the city of Brentwood.
viii. The keeping of domestic animals or pets subject to BMC Chapter 17.670. ix. Signs subject to BMC Chapter 17.640.
b. Conditionally Permitted Uses.
i. Accessory dwelling units on single-family lots subject to BMC Section 17.100.005. ii. Public facilities including parks, playgrounds, public schools and other public buildings. iii. Churches, religious institutions and private schools. iv. Community buildings, clubs and activities of quasi public, social, fraternal or recreational character such as golf, tennis and swimming clubs intended to primarily serve the immediate neighborhood or residential project.
v. Large residential care facilities and day care centers subject to locational criteria adopted by resolution of the planning commission of the city of Brentwood.
c. Unit density shall not be greater than seven dwelling units per acre. d. Site Development Standards for Single-Family.
Lot Area: Minimum 4,000 square feet
Lot Width: Minimum 50 feet. Minimum 35 feet at the street for cul-de-sac lots.
Height: No main building shall exceed the height of 2 stories and 30 feet.
Rear Yard: Minimum 15 feet, average 20 feet.
Front
Yard:
Minimum 20 feet for front facing garages. Minimum 15 feet for house and side facing garages.
Side Yard: Minimum 5 feet, sum of both side yards 15 feet.
Garage: Minimum 3-foot setback from the main building. Maximum 45% of the lot width.
Parking: Minimum 1.0 space per lot on street plus 2 covered spaces in a garage. The onstreet parking may also be provided via parking bays. e. Site Development Standards for Duets on Corners.
Lot Area: Minimum 3,200 square feet.
Lot Width: Minimum 40 feet for interior lots and 45 feet for corner lots. Minimum of 35 feet at the street for cul-de-sac lots.
Height: No main building shall exceed the height of 2 stories and 30 feet.
Rear Yard: Minimum 15 feet average 20 feet.
Front
Yard:
Minimum 10 feet for house and 20 feet for garage.
Side Yard: Minimum 0 feet on the attached side and 10 feet on the exposed side. Duets on corner lots shall have minimum 10 feet on street side.
Garage: Minimum 5-foot offset if 2 garages are attached.
Parking: Minimum 1.0 spaces per lot on street plus 2 covered spaces in a garage. The onstreet parking may also be provided via parking bays.
5. Small Lot Single-Family Alley Homes. The small lot alley home category allows for small lot detached homes served by a network of private streets and alleyways. The following standards apply to this category.
a. Permitted Uses.
i. One detached single-family home per parcel.
ii. Rooming and boarding subject to Brentwood Municipal Code (BMC) Section 17.650.003. iii. Accessory facilities or buildings related to the primary use subject to BMC Chapter 17.660. iv. Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to BMC Chapter 17.850.
v. Home occupations subject to obtaining a home occupation permit pursuant to BMC Chapter 17.840. vi. Small family residential care facilities subject to locational criteria adopted by resolution of the planning commission of the city of Brentwood.
vii. The keeping of domestic animals or pets subject to BMC Chapter 17.670. viii. Signs subject to BMC Chapter 17.640.
b. Conditionally Permitted Uses. Large residential care facilities and day care centers subject to locational criteria adopted by the resolution of the planning commission of the city of Brentwood. c. Unit density shall not be greater than 7.9 dwelling units per acre. d. Site Development Standards.
Lot Area: Minimum 3,149 square feet.
Lot Frontage: 32 feet measured at the front property line.
Height: No main building shall exceed the height of 2 stories and 30 feet.
Front Yard: Minimum 20 feet for garage. Minimum 12 feet for living space. Minimum 10 feet for porches.
Side Yard: Minimum 5 feet. Minimum 10 feet on the street side of corner lots.
Rear Yard: Minimum 10 feet.
Parking: Minimum of 2 covered spaces in a garage and two spaces within the private driveway.
6. Duet/Townhouse Residential. The duet townhouse category allows for duets (attached single-family) townhouses, and low density condominiums. Senior housing may be allowed in this planning area with a higher maximum density. The following standards apply to this category. a. Permitted Uses.
i. One duet, townhouse, or condominium per parcel and senior housing. ii. Rooming and boarding subject to Brentwood Municipal Code (BMC) Section 17.650.003. iii. Accessory facilities or buildings related to the primary use subject to BMC Chapter 17.660. iv. Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to BMC Chapter 17.850.
v. Home Occupations subject to obtaining a home occupation permit pursuant to BMC Chapter 17.840. vi. Small family residential care facilities subject to locational criteria adopted by resolution of the planning commission of the city of Brentwood.
vii. The keeping of domestic animals or pets subject to BMC Chapter 17.670. viii. Signs subject to BMC Chapter 17.640.
b. Conditionally Permitted Uses.
i. Public facilities including parks, playgrounds, public schools and other public buildings. ii. Churches, religious institutions and private schools. iii. Community buildings, clubs and activities of quasi public, social, fraternal or recreational character such as golf, tennis and swimming clubs intended to primarily serve the immediate neighborhood or Page 73 of 336 residential project.
iv. Large residential care facilities and day care centers subject to locational criteria adopted by the resolution of the planning commission of the city of Brentwood. c. Unit density shall not be greater than ten dwelling units per acre. d. Site Development Standards for Duets.
Lot Area: Minimum 4,000 square feet.
Lot Width: Minimum 40 feet for interior lots and 45 feet for corner lots. Minimum of 35 feet at the street for cul-de-sac lots.
Lot Depth: Minimum 100 feet.
Height: No main building shall exceed the height of 2 stories and 30 feet.
Rear Yard: Minimum 15 feet, average 20 feet.
Front
Yard:
Minimum 10 feet for house and 20 feet for garage.
Side Yard: Minimum 0 feet on the attached side and 10 feet on the exposed side. Duets on corner lots shall have minimum 10 feet on street side.
Garage: Minimum 5-foot offset if 2 garages are attached.
Parking: Minimum 1.0 space per lot plus 2 covered spaces in a garage. The common parking may also be provided via parking bays.
e. Site Development Standards for Townhouses.
i. Site Area: Minimum five acres.
ii. Setbacks: Minimum setbacks from property lines shall be as follows:
Type of Setback Building *
Parking
*,**
Abutting a public right-of-way 20 feet plus 1 foot for each foot of building height over 20 feet
15 feet
Property lines not defining a public rightof-way 20 feet 10 feet Abutting a lot zoned for single-family
residential or abutting football field
50 feet 10 feet
Notes:
* Includes garages and accessory buildings.
Type of Setback Building *
Parking
*,**
** Includes carports, driveways and other paved areas used for parking. iii. Height: No main building shall exceed the height of two stories and thirty feet. iv. Garage: Minimum five-foot offset if two garages are attached. v. Parking: Minimum one-half space per dwelling unit plus two covered spaces in a garage. The common parking may also be provided via parking bays.
vi. Other: No more than six units may be attached, provided that no more than four units within a cluster about the same public or private street. A minimum of fifty percent of the site shall be open space, exclusive of parking lots, driveways, or residential buildings. Recreational buildings may be included in the open space area.
f. Site Development Standards for Condominiums.
i. Site Area: Minimum five acres.
ii. Setbacks: Minimum setbacks from property lines shall be as follows:
Type of Setback Building *
Parking *,
**
Abutting a public right-of-way 20 feet plus 1 foot for each foot of building height over 20 feet
15 feet
Property lines not defining a public rightof-way 20 feet 10 feet Abutting a lot zoned for single-family
residential or abutting football field
50 feet 10 feet
Notes:
* Includes garages and accessory buildings.
** Includes carports, driveways and other paved areas used for parking. iii. Parking: One covered space in a garage plus one and one-half uncovered spaces per unit. iv. Storage: Minimum two hundred cubic feet per unit located within or adjacent to the garage. v. Other: A minimum of fifty percent of the site shall be open space, exclusive of parking lots, driveways, or residential buildings. Recreational building may be located within a required open space area. g. Site Development Standards for Senior Housing.
i. Unit Density: Unit density shall not be greater than twenty-four dwelling units per acre. ii. Site Area: Minimum five acres.
iii. Setbacks: Minimum setbacks from property lines shall be as follows:
Type of Setback Building *
Parking *,
**
Abutting a public right-of-way 20 feet plus 1 foot for each foot of building height over 20 feet
15 feet
Property lines not defining a public rightof-way 20 feet 10 feet Abutting a lot zoned for single-family
residential or abutting football field
50 feet 10 feet
Notes:
* Includes garages and accessory buildings.
** Includes carports, driveways and other paved areas used for parking. iv. Parking: Minimum one-half covered space in a garage and one-half uncovered space per unit. v. Storage: Minimum two hundred cubic feet per unit located within or adjacent to the garage. vi. Other: A minimum of fifty percent of the site shall be open space, exclusive of parking lots, drive-ways, or residential buildings. Recreational buildings may be located within a required open space area. h. Special Requirements.
i. Area #11: Due to the proximity to the school, only townhouses and low density condominiums will be allowed in Planning Area #11. A minimum setback of seventy-five feet shall be maintained from the school property line to the nearest residential structure. ii. Area #10: A Civic Facilities overlay zone shall be applied to area #10 for possible expansion of school district or city facilities.
K. Public Facilities. The purpose of the public facility zone is to provide areas for public facilities such as government offices, community centers, schools and parks.
1. Permitted Uses.
a. Governmental or public administrative offices, special district offices, social service offices and similar uses and rights-of-way.
b. Quasi public offices such as public utility offices and rights-of-way. c. Public parks, public schools.
2. Conditionally Permitted Uses. Other appropriate uses as determined by the planning commission.
3. Site Development Standards.
a. Minimum Lot Area: Ten thousand square feet.
b. Minimum Lot Width: One hundred feet.
c. Setbacks: Front: Minimum ten feet.
d. Rear: Minimum twenty feet
e. Side: Minimum fifteen feet
f. Maximum Building Height: thirty feet.
L. Open Space Park Standards. Open space areas are established for preservation of natural, visual resources and floodplain areas, for active and passive recreation, and for the enjoyment of the Garin Ranch community and the city of Brentwood.
1. Permitted Uses.
a. Public or quasi-public uses including, but not limited to, the following:
i. Parks;
ii. Pedestrian, bicycle and equestrian trails;
iii. Vista points;
iv. Nature preservation and study areas;
v. Archeological and paleontological study sites.
b. Infrastructure service facilities or extension necessary for the development of the adjacent urban areas, including, but not limited to, the following:
i. Roads;
ii. Flood control works;
iii. Utility transmission lines;
iv. Infrastructure service facilities or extension necessary to serve the adjacent urban areas, and as identified in subsection I herein.
c. Accessory uses which clearly are incidental or necessary to permitted uses.
2. Conditionally Permitted Uses. Tennis courts, swimming pools, sports facilities, including community or health centers.
Stables and other equestrian-related facilities, when not located within one hundred feet of any habitable structure.
3. Site Development Standards. Development standards for those permitted uses shall be established by the staff approval permit or other applicable plan, as determined by the city. When uses proposed in the open space/park land use classification are permitted in other land use classifications of the Garin Ranch specific plan, the development standards in those other applicable classifications shall apply.
GARIN RANCH LAND USE
Housing Type Planning Area # Acres Dwelling Units
Residential:
Cluster Home 1 6.9 64
Small S.F. Alley Homes 9 6.1 48
Zero Lot Line 5 10.5 96
Small S.F. 6 34 202
Medium S.F. 2 17.4 88
8 17.4 88
Large S.F. 7 22.4 101
Wide-Shallow S.F. 3 15.6 109
4 8.8 62
Total 139.1 858
Public Facilities:
Parks 6.8
Parks/Detention 17.9
Road ROW 18.6
Commercial 8.5
Total Plan Area 190.9 858
(Ord. 857 § 2, 2008; Ord. 864 § D, 2009; Ord. 975 § 2, 2016; Ord. 991 § 4, 2017) Chapter 17.469
PD-19 (PLANNED DEVELOPMENT NINETEEN) ZONE
§ 17.469.002 Permitted uses.
The following uses are permitted within the PD-19 zone.
A. The following uses shall be permitted:
1. One single-family dwelling per parcel;
2. Accessory uses subject to Section 17.650.003, excluding rooming and boarding, transient housing, and nonresidential accessory uses (i.e., Christmas tree lot, fruit stand, etc.);
3. Accessory buildings subject to Section 17.660.006 and accessory structures subject to Section
17.660.007. Temporary uses defined in Section 17.850.003 shall also be excluded;
4. Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840;
5. Community and neighborhood parks as shown on approved tentative map;
6. The keeping of domestic animals or pets subject to Chapter 17.670;
7. Small-family day care facilities limited to a maximum of six children.
8. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
9. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
(Ord. 857 § 2, 2008)
Chapter 17.470
PD-20 (PLANNED DEVELOPMENT TWENTY) ZONE
§ 17.470.002 Permitted uses.
The following uses are permitted within the PD-20 zone.
A. Single-Family (SF). Permitted uses shall be attached single-family homes, including model homes sales facilities; common-use recreation facilities; and other uses, including home occupations, determined similar or compatible by the zoning administrator.
1. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
2. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
B. General Commercial. The following uses shall be permitted:
1. General retail sales, excluding uses with outdoor storage or display, professional office uses; veterinarian or pet store, excluding kennels;
2. Service uses, including, but not limited to, addressing and mailing service; appliance, television and radio repair; barber or beauty shop; butcher, meat market, including frozen food locker; shoe repair, laundromat, dry cleaners and similar uses.
3. Similar uses subject to the approval of the zoning administrator.
C. Planned Employment Center. The following uses shall be permitted:
1. Business and professional offices such as architects, attorneys, accountants, engineers, insurance agency, travel agency, real estate, medical, dental, dental laboratory, optical clinics, title companies, financial institutions, other professional and general business offices and data processing facilities. Both single and multi-tenant office uses are permitted;
2. Service uses, including addressing and mailing service, blueprinting and photostating service (other than a printer or lithographer); drafting service; messenger service; television, computer, radio and appliance repair; stenographic service; telegraph office; answering service; private postal box service and similar services typically associated with administrative and professional offices. Automotive, boat, recreational vehicle or similar sales and/or service are specifically prohibited;
3. Information data processing facilities;
4. Storage, warehousing and warehousing uses which include a small percentage of office uses, such as general contractors, plumbing contractors, electrical contractors, etc., provided that there is no outdoor storage;
5. Finished product assembly such as computer assembly, bookbinding and garment manufacture;
6. Commercial uses or retail sales, including, but not limited to, commercial uses which may or may not manufacture their primary product on the premises such as drapery shop, cabinet shop, upholstery shop, carpet sales, spa sales, sales of building supplies, satellite dish sales, and furniture sales. (Ord. 857 § 2, 2008)
Chapter 17.471
PD-21 (PLANNED DEVELOPMENT TWENTY-ONE) ZONE
§ 17.471.002 Areas A1, A2, and A3 residential and golf uses.
Areas A1, A2, and A3 of the development plan and related exhibits shall be subject to the following:
A. Permitted Residential Uses.
1. Within Area A1, single-family single-story detached and attached homes for age-restricted occupancy shall be a permitted use;
2. Within Area A2, single-family detached homes for non-age-restricted occupancy shall be a permitted use.
3. Within Area A3, single-family single-story, two-story, and single-story homes with a loft included within the roofline of a single-story home for age-restricted occupancy shall be a permitted use.
B. Additional Permitted Uses. The following shall be permitted within Areas A1, A2, and A3:
1. Model home sales facilities;
2. Golf course and related facilities including clubhouse, tennis courts, maintenance structures and related recreation facilities;
3. Homeowners' association recreation buildings, tennis courts, swimming pools, bocce courts, other common-use facilities and related facilities, and open area;
4. Home occupations subject to obtaining a home occupation zoning review pursuant to Chapter 17.840;
5. The keeping of domestic pets subject to Chapter 17.670;
66. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
7. Agricultural employee housing for six or fewer persons, in compliance with California Health and
Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
8. Other uses determined by the community development department to be similar to and compatible with the preceding permitted uses.
C. Conditionally Permitted Uses. The following uses may be permitted within Areas A1 and A2 pursuant to approval of a conditional use permit:
1. Uses ancillary to a golf clubhouse, which will serve persons other than users of the golf course, such as a restaurant or bar;
2. Other uses determined by the community development department to be similar to the ancillary use.
D. Maximum Number of Units and Minimum Lot Area.
1. Maximum Units. A maximum of five hundred eleven dwelling units shall be permitted within the land of Areas A1 and A2. Additionally, a maximum of eighty-seven dwelling units shall be permitted within the boundaries of Area A3;
2. Lot Area. Minimum lot area shall be four thousand square feet within Areas A1, A2, and A3; provided, that within Area A1 two thousand five hundred square feet is the permitted minimum per attached duet dwelling unit. A variety of lot sizes, larger than the minimums, shall be included within the land of Areas A1, A2, and A3 to provide a variety of housing products and yard conditions;
3. Setbacks, Height and Parking. Each yard setback below shall be measured from its respective property line, except that for Areas A1 and A2, measurement shall be from the back of sidewalk wherever a street's sidewalk lies inside a lot. All yard setbacks shall be measured to the nearest specified wall of the dwelling. Allowable projections into yard setbacks shall be as set forth in Section 17.660.005 of Chapter
17.660, Encroachments into Required Yards.
Area A1 AgeRestricted Home Area A1 AgeRestricted Home Area A2 NonRestricted Home Area A3 AgeRestricted Home Duet Lot All Other Lots All Lots All Lots
A. Minimum
Front Yard
1. To door of a
front-entry garage
18′ 18′ 20′ 18′
2. To wall of a
side-entry garage
N/A 10′ 10′ 10′
3. To wall of a
habitable room
13′ 13′ 20′ 13′
B. Minimum Side
Yard Adjoining a
Street
N/A 12′ 15′ 10′
C. Minimum Side
Yard at Interior Page 81 of 336
Area A1 AgeRestricted Home
Area A1 AgeRestricted Home Area A2 NonRestricted Home Area A3 AgeRestricted Home Duet Lot All Other Lots All Lots All Lots
Lot Line
1. To the wall of a
garage
5′* 5′ 5′ 5′
2. To wall of a
habitable room
5′* 6′ 5′ 5′
3. Aggregate, both
side yards
5′* 12′ 10′ 10′
4. Aggregate, both
side yards, nongarage
5′ 12′ 10′ 10′
D. Minimum Rear
Yard
5′** 15′ Min–20′ Ave
15′ Min Adjacent to
Golf Course
15′ Min–20′ Ave 15′ Min–18′ Ave
E. Minimum OffStreet Parking
Spaces
1. In a garage 1 2 2 2
2. In a driveway 2 N/A N/A N/A
F. Maximum
Building Height
35′ 35′ 35′ 35′***
G. Maximum Lot
Coverage
N/A N/A N/A 52%
Notes:
* A 0′ setback is permitted at one side yard of a duet lot. ** Every duet unit shall include patio area of not less than 15′ x 10′. *** Homes in Area A3 that are adjacent to existing development along Upton Pine Drive and Wickson Way are limited to single-story and single-story-profile designs as described in subsection A.3 herein.
E. Construction Standards.
1. Area A1, Variety in Building Mass. Variety in building mass shall be accomplished by:
a. Inclusion in the floor plans available for purchase, varying front façade design, such as optional sideentry garages and varying the entryway location and design; b. Avoidance of using of a single floor plan more than twice in any group of four or more contiguous homes;
c. Inclusion of floor plan purchase-options, such as additional golf cart garage space, which alters the visual mass of a floor plan;
d. At the time site design and development review multiple floor plans, incorporating design variations such as those described above, shall be submitted.
2. Area A2, Variety in Building Mass.
a. In each group of four or more contiguous homes, twenty-five percent shall be constructed with one or more of:
i. Single-story units; or
ii. Side-entry garages; or
iii. Minimum front setback of thirty feet.
b. Single-story homes shall be constructed on lots adjoining the arterial street Fairview Avenue.
3. Area A3, Variety in Building Mass. Variety in building mass shall be accomplished by:
a. Inclusion in the floor plans available for purchase, varying front façade design, and varying the entryway location and design;
b. Avoidance of the use of a single floor plan more than twice in any group of four or more contiguous homes;
c. Inclusion of floor plan purchase options, which alter the visual mass of a floor plan.
4. Acoustical Analysis. Dwellings in Areas A1, A2, and A3 adjacent to Fairview Avenue, Balfour Road and the State Route 4 Bypass shall be designed to meet the city's interior noise level standard 45 dBA Ldn.
F. Design Review. Within Areas A1, A2, and A3 design review shall be required as follows:
1. Residential Buildings. Design and site development review shall be required pursuant to Chapter
17.820, except that for Areas A1 and A2, authority to review and approve or deny an application for design and site development review is hereby delegated to the community development department;
2. Landscaping, Fencing and Walls. Landscaping, fencing and walls in areas adjoining a public or private street shall conform to a plan to be approved by the community development department prior to issuance of building permits for the lots to be landscaped, fenced or walled. The plan shall specify colors, materials and spacing of elements;
3. Recreation Facilities and Conditional Use Permit Uses. Design and site development review approval by the planning commission pursuant to Chapter 17.820 shall be required for the following:
a. Golf clubhouse and related buildings;
b. Recreation buildings and accompanying outdoor facilities such as pools; c. Buildings for which approval of a conditional use permit by the planning commission is required. (Ord. 857 § 2, 2008; Ord. 926 § 2, 2014; Ord. 1004 § 1, 2018) Chapter 17.474
PD-24 (PLANNED DEVELOPMENT TWENTY-FOUR) ZONE
§ 17.474.012 Permitted uses for Subarea C.
The following uses are permitted within Subarea C of the PD-24 (planned development twenty-four) zone:
A. One single-family dwelling unit per parcel;
B. Rooming and boarding subject to Section 17.650.003 of this title; C. Accessory facilities or buildings related to the primary use subject to Chapter 17.660 of this title; D. Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850 of this title;
E. Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840 of this title;
F. Small family residential care facilities;
G. The keeping of domestic animals or pets subject to Chapter 17.670 of this title; H. Accessory dwelling units subject to Section 17.100.005 of this title.
I. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
J. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
(Ord. 857 § 2, 2008; Ord. 967 § 2, 2016; Ord. 968 § 2, 2016; Ord. 991 § 4, 2017) § 17.474.013 Conditionally permitted uses for Subarea C.
The following uses are permitted upon obtaining a conditional use permit pursuant to Chapter 17.830 of this code within this subarea of the PD-24 (planned development twenty-four) zone:
A. The following uses shall be conditionally permitted within Subarea C:
1. Large residential care facilities and day care centers. (Ord. 857 § 2, 2008; Ord. 967 § 2, 2016; Ord. 968 § 2, 2016) § 17.474.016 Permitted uses for Subarea D.
The following uses are permitted within Subarea D of the PD-24 zone:
A. One single-family dwelling unit per parcel;
B. Rooming and boarding subject to Section 17.650.003 of this title; C. Accessory facilities or buildings related to the primary use subject to Chapter 17.660 of this title; D. Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850 of this title;
E. Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840 of this title;
F. Small family residential care facilities;
G. The keeping of domestic animals or pets subject to Chapter 17.670 of this title; H. Accessory dwelling units subject to Section 17.100.005 of this title.
I. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
J. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
(Ord. 857 § 2, 2008; Ord. 967 § 2, 2016; Ord. 968 § 2, 2016; Ord. 991 § 4, 2017) § 17.474.017 Conditionally permitted uses for Subarea D.
The following uses are permitted upon obtaining a conditional use permit pursuant to Chapter 17.830 within Subarea D of the PD-24 zone:
A. The following uses shall be conditionally permitted within Subarea D:
1. Large residential care facilities and day care centers. (Ord. 857 § 2, 2008; Ord. 967 § 2, 2016; Ord. 968 § 2, 2016) § 17.474.018 Development standards for Subarea D.
A. Unit density: overall project density shall not be greater than 6.09 dwelling units per acre; B. Lot area: minimum four thousand square feet;
C. Lot width: minimum fifty feet;
D. Lot depth: minimum eighty feet;
E. Building height: maximum two stories or thirty feet; F. Front yard setback: minimum eighteen feet for front loading garage, twelve feet for side loading garage, twelve feet for living space, ten feet for porch;
G. Side yard setback: minimum four feet. Corner lots shall have a minimum ten feet on street side; H. Rear yard setback: minimum ten feet with an overall average of twelve and one-half feet; I. Coverage: not more than fifty percent lot coverage.
(Ord. 857 § 2, 2008; Ord. 967 § 2, 2016; Ord. 968 § 2, 2016) § 17.474.019 Permitted uses for Subarea E.
A. The following uses are permitted within Subarea E:
1. Single-family dwellings including manufactured homes;
2. Rooming and boarding subject to Section 17.650.003;
3. Duplex, triplex, apartments and other small multifamily structures; townhouses and single-family attached homes; all not exceeding a density of 5.1 to 11, with a mid-range of 8, dwelling units per acre;
4. Accessory facilities or buildings related to the primary use subject to Chapter 17.660;
5. Temporary uses related to the primary use subject to obtaining a temporary use permit pursuant to Section 17.850;
6. Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840;
7. Small family residential care facilities are permitted by right. Family home day care, large subject to the conditions stated in Ordinance No. 560, are permitted by right in all single-family residential zones subject to the following conditions:
a. That a use permit be issued administratively by the zoning administrator, subject to compliance with the zoning standards of the city, and
b. A fee to be collected, and
c. The three hundred-foot radius notification process shall apply to all new large family home day care processed after the effective date of Ordinance No. 560. The notification shall be not less than ten days prior to the date of the zoning administrator's decision. The notice shall inform the owners of their rights to an administrative hearing, and
d. Actions of the zoning administrator may be appealed pursuant to the appeal process in Chapter 17.880 of the zoning ordinance;
8. Agriculture, animal husbandry and limited animal husbandry subject to Chapter 17.670;
9. The keeping of domestic animals or pets subject to Chapter 17.670;
10. Signs subject to Chapter 17.640.
11. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
12. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
(Ord. 967 § 2, 2016; Ord. 968 § 2, 2016)
§ 17.474.020 Conditionally permitted uses for Subarea E.
The following uses require special consideration and approval of a conditional use permit in accordance with Chapter 17.830:
A. Public facilities including parks, playgrounds, public schools and other public buildings; B. Churches and religious institutions and parochial or private schools; C. Community buildings, clubs and activities of quasi-public, social, fraternal or recreational character such as golf, tennis and swimming clubs intended to primarily serve the immediate neighborhood or residential project;
D. Large residential care facilities;
ED. Mobile home parks provided the density does not exceed that specified in the general plan for the property on which the mobile home park is proposed and subject to the provisions of Chapter 17.710; FE. Dog fancier's license in accordance with the provisions of Section 17.670.009. (Ord. 967 § 2, 2016; Ord. 968 § 2, 2016)
§ 17.474.022 Permitted uses for Subarea F.
The following uses are permitted within Subarea F:
A. Single-family dwellings including manufactured homes; B. Rooming and boarding subject to Section 17.650.003;
C. Duplex, triplex, apartments and other small multifamily structures; townhouses and single-family attached homes; all not exceeding a density of 5.1 to 11, with a mid-range of 8 dwelling units per acre; D. Accessory facilities or buildings related to the primary use subject to Chapter 17.660; E. Temporary uses related to the primary use subject to obtaining a temporary use permit pursuant to Section 17.850;
F. Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840; G. Small family residential care facilities are permitted by right. Family home daycare, large subject to the conditions stated in Ordinance No. 560, are permitted by right in all single-family residential zones subject to the following conditions:
1. That a use permit be issued administratively by the zoning administrator, subject to compliance with the zoning standards of the city, and
2. A fee be collected, and
3. The three hundred-foot radius notification process shall apply to all new large family home day cares processed after the effective date of Ordinance No. 560. The notification shall be not less than ten days prior to the date of the Zoning Administrator's decision. The notice shall inform the owners of their rights to an administrative hearing, and
4. Actions of the Zoning Administrator may be appealed pursuant to the appeal process in Chapter 17.880 of the zoning ordinance;
H. Agriculture, animal husbandry and limited animal husbandry subject to Chapter 17.670; I. The keeping of domestic animals or pets subject to Chapter 17.670;
J. Signs subject to Chapter 17.640.
K. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
L. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
(Ord. 967 § 2, 2016; Ord. 968 § 2, 2016)
§ 17.474.023 Conditionally permitted uses for Subarea F.
The following uses require special consideration and approval of a conditional use permit in accordance with Chapter 17.830:
A. Public facilities including parks, playgrounds, public schools and other public buildings; B. Churches and religious institutions and parochial or private schools; C. Community buildings, clubs and activities of quasi-public, social, fraternal or recreational character such as golf, tennis and swimming clubs intended to primarily serve the immediate neighborhood or residential project;
D. Large residential care facilities;
ED. Mobile home parks provided the density does not exceed that specified in the General Plan for the property on which the mobile home park is proposed and subject to the provisions of Chapter 17.710; FE. Dog fancier's license in accordance with the provisions of Section 17.670.009. (Ord. 967 § 2, 2016; Ord. 968 § 2, 2016)
Chapter 17.477
PD-27 (PLANNED DEVELOPMENT TWENTY-SEVEN) ZONE
§ 17.477.002 Area A—Residential and golf uses.
A. Permitted Uses—Area A.
1. Single-family, single-story detached and attached homes for age-restricted occupancy consistent with the provisions of Section 51 of the California Civil Code;
2. Model home sales facilities;
3. Golf course and related facilities including, tennis courts, maintenance structures and related recreation facilities;
4. Homeowners' association recreation buildings, tennis courts, recreational vehicle parking lots, other common-use facilities and open area;
55. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
6. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses
within the same zone.
7. Other uses determined by the zoning administrator to be similar to and compatible with the preceding permitted uses.
B. Conditionally Permitted Uses—Area A. The following uses may be permitted with the granting of a conditional use permit pursuant to Chapter 17.830:
1. Uses determined by the zoning administrator to be similar to and to be ancillary to a permitted use.
C. Maximum Number of Units and Minimum Lot area—Area A.
1. Maximum Units. A maximum of one thousand, one hundred twenty-six dwelling units may be developed.
2. Lot Area. Minimum lot area shall be four thousand square feet, provided that two thousand five hundred square feet is the permitted minimum per attached duet dwelling unit. A variety of lot sizes, larger than the minimums, shall be included to provide a variety of housing products and yard conditions.
3. Setbacks, Height and Parking. Each yard setback specified in Tables A and B shall be measured from its respective property line, except that measurement shall be from the back of sidewalk wherever a street's sidewalk lies inside a lot. All yard setbacks shall be measured to the nearest specified wall of the dwelling. Allowable projections into yard setbacks shall be as set forth in Section 17.660.005 of Chapter
17.660, Encroachments Into Required Yards.
Table A
Setbacks, Height and
Parking
Age-Restricted
Home Age-Restricted Home
Properties Within Tentative
Subdivision Map No. 7940 Duet Lot All Other Lots
A. Min. Front Yard
(1) To door of a front-entry
garage
18′ 18′
(2) To a wall of a side-entry
garage
NA 10′
(3) To a wall of a habitable
room
13′ 13′
B. Min. Side Yard Adjoining
a Street
NA 12′
C. Min. Side Yard at Interior
Lot Line
(1) To a wall of a garage 5′* 5′
Table A
Setbacks, Height and
Parking
Age-Restricted
Home Age-Restricted Home
Properties Within Tentative
Subdivision Map No. 7940 Duet Lot All Other Lots
(2) To a wall of a habitable
room
5′* 6′
(3) Aggregate, both side yards 5′* 12′
D. Min. Rear Yard 5′** 15′ where the yard adjoins a golf course; 15′ minimum and 20′ average elsewhere
E. Min. Off-Street Parking
Spaces
(1) In a garage 1 2
(2) In a driveway 1
F. Max. Building Height 35′ 35′
Notes:
* A 0′ setback is permitted at one side yard of a duet lot. ** Every duet unit shall include patio area of not less than 15′ x 10′.
Table B
Setbacks, Height and
Parking
Age-Restricted
Home Age-Restricted Home
Properties Within Tentative
Subdivision Map No. 8089 Duet Lot All Other Lots
A. Min. Front Yard
(1) To door of a front-entry
garage
20′ 20′
(2) To a wall of a side-entry
garage
NA 10′
(3) To a wall of a habitable
room
13′ 13′
B. Min. Side Yard Adjoining NA 12′
Table A
Setbacks, Height and
Parking
Age-Restricted
Home Age-Restricted Home
Properties Within Tentative
Subdivision Map No. 7940 Duet Lot All Other Lots
a Street
C. Min. Side Yard at Interior
Lot Line
(1) To a wall of a garage 5′* 5′
(2) To a wall of a habitable
room
5′* 6′
(3) Aggregate, both side yards 5′* 12′
D. Min. Rear Yard 5′** 15′ where the yard adjoins a golf course; 15′ minimum and 20′ average elsewhere
E. Min. Off-Street Parking
Spaces
(1) In a garage 1 2
(2) In a driveway 1
F. Max. Building Height 35′ 35′
Notes:
* A 0′ setback is permitted at one side yard of a duet lot. ** Every duet unit shall include patio area of not less than 15′ x 10′.
D. Construction Standards—Area A.
1. Age-Restricted Homes, Variety in Building Mass. Variety in building mass shall be accomplished a. Inclusion in the floor plans available for purchase, varying front façade design such as optional sideentry garages and varying the entryway location and design; b. Avoidance of using a single floor plan more than twice in any group of four or more contiguous homes; c. Inclusion of floor plan purchase-options, such as additional golf cart garage space, which alter the visual mass of a floor plan; and
d. Multiple floor plans incorporating design variations such as those of subsections a, b and c of this subsection, shall be submitted at the time of site design and development review.
2. Acoustical Analysis. Dwellings adjacent to Fairview Avenue and the State Route 4 bypass shall be designed to meet the city's interior noise level standard of forty-five dBA Ldn.
E. Design Review—Area A.
1. Residential Buildings. Design and site development review shall be required pursuant to Chapter
17.820, except that authority to review and approve or deny an application for design and site development review is hereby delegated to the zoning administrator;
2. Landscaping, Fencing and Walls. Landscaping, fencing and walls in areas adjoining a public or private street shall conform to a plan to be approved by the zoning administrator prior to issuance of building permits for the lots to be landscaped, fenced or walled. The plan shall specify colors, materials and spacing of elements;
3. Recreation Facilities and Conditionally Permitted Facilities. Design and site development review approval by the planning commission pursuant to Chapter 17.820 shall be required for the following:
a. Golf clubhouse and related buildings,
b. Recreation buildings and accompanying outdoor facilities such as pools, and c. Buildings for which approval of a conditional use permit by the planning commission is required. (Ord. 857 § 2, 2008)
§ 17.477.003 Area B—Future transportation and interim uses.
A. Permitted Uses. The following uses are permitted within area B:
1. Agriculture;
2. Transportation and public service uses;
3. Other uses determined by the zoning administrator to be similar to and compatible with agriculture, transportation, and public service uses.
B. Conditionally Permitted Uses. The following uses may be conditionally permitted within area B with the granting of a conditional use permit pursuant to Chapter 17.830:
1. Recreational commercial uses, including golf course and golf-related facilities;
2. Recreational vehicle storage lots;
3. Other land uses determined by the zoning administrator to require minimal construction of permanent buildings and otherwise possessing economic and physical characteristics consistent with termination of the use upon construction of highway improvements within area B. (Ord. 857 § 2, 2008)
Chapter 17.481
PD-31 (PLANNED DEVELOPMENT THIRTY-ONE) ZONE
§ 17.481.002 Permitted uses.
The following uses are permitted within the PD-31 zone:
A. One single-family dwelling per parcel; Page 92 of 336 B. Accessory uses subject to Section 17.650.003, excluding Rooming and boarding, transient housing, and non-residential accessory uses (i.e., Christmas tree lot, fruit stand, etc.); C. Accessory buildings subject to Section 17.660.006 of the Brentwood Municipal Code and accessory structures subject to Section 17.660.007 of the Brentwood Municipal Code. Temporary uses defined in Section 17.850.003. shall also be excluded;
D. Home occupations subject to obtaining a home occupation permit pursuant to the Brentwood Municipal Code Chapter 17.840;
E. Community and neighborhood parks as shown on an approved tentative map; F. The keeping of domestic animals or pets subject to the Brentwood Municipal Code Chapter 17.670; G. Small-family day care facilities limited to a maximum of six children.
H. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
I. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
(Ord. 857 § 2, 2008)
Chapter 17.482
PD-32 (PLANNED DEVELOPMENT THIRTY-TWO) ZONE
§ 17.482.002 Permitted uses for each subarea.
Subarea A.
A. Single-family attached dwelling units;
B. Rooming and boarding subject to Section 17.650.003;
C. Accessory structures shall be permitted subject to specific small-lot accessory structure development standards that shall be prepared by the developer and submitted for the review and approval of the community development director prior to recordation of the final map. All future accessory structures shall adhere to these development standards; D. Temporary uses related to the primary use and subject to obtaining a temporary use permit subject to Chapter 17.850;
E. Home occupation subject to obtaining a home occupation permit pursuant to Chapter
17.840;
F.
G.
The keeping of domestic animals or pets subject to Chapter 17.670.
Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements
H. as other residential uses within the same zone.
Subarea B.
A. Single-family detached dwelling units;
B. Rooming and boarding subject to Section 17.650.003;
C. Accessory structures shall be permitted subject to specific small-lot accessory structure development standards that shall be prepared by the developer and submitted for the review and approval of the community development director prior to recordation of the final map. All future accessory structures shall adhere to these development standards;
D. Temporary uses related to the primary use and subject to obtaining a temporary use permit subject to Chapter 17.850;
E. Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840; F. The keeping of domestic animals or pets subject to Chapter 17.670; G. Recreational trails and open space;
H. Secondary housing units in accordance with Chapter 17.100.005.
I. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
J. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
(Ord. 863 § 2, 2009)
Chapter 17.488
PD-38 (PLANNED DEVELOPMENT THIRTY-EIGHT) ZONE
§ 17.488.006 Permitted uses in subarea C.
The following uses are permitted within subarea C of PD-38:
A. Business, office, and service uses including medical, dental, and optical offices or clinics, and veterinary facilities (excluding kennels);
B. Public and quasi-public offices, such as government offices, library, employment office, utility office, and similar uses;
C. Business park uses, including, but not limited to, research and development uses, warehouse, distribution and wholesale uses, medical or dental laboratories, and other similar uses; D. Light industrial and manufacturing uses, such as small assembly, printing shop, and similar uses, which generate minimal noise, odor, smoke, waste material, or other similar impacts; E. Uses that manufacture their primary product on the premises, such as a drapery shop, cabinet shop, upholstery shop, and similar uses. Ancillary retail sale of these products is allowed;
F. General retail uses, including cafés and food service uses that do not exceed fifteen percent of the building area of an office, business park or industrial building, and are intended to primarily serve users of subarea C;
G. Day care facilities;
H. Other similar uses as determined by the community development director; I. Emergency shelters, as defined in Section 17.030.030 and developed per the R-1 zoning regulations in Chapter 17.130. ;
J. Multi-family housing units, senior apartments and living facilities, and institutional levels of congregate care at a density of 20.1 to 30.0 units per acre developed per the R-3 zoning regulations in Chapter
17.150.
(Ord. 857 § 2, 2008; Ord. 916 § 2, 2013; Ord. 943 § 6, 2015; Ord. 981 § 2, 2016; Ord. 987 § 2, 2017; Ord. 991 § 5, 2017; Ord. 1013 § 2, 2020)
Chapter 17.492
PD-42 (PLANNED DEVELOPMENT NO. 42) ZONE
§ 17.492.002 Permitted uses.
The following uses are permitted within the PD-42 zone:
A. Subarea A. The following uses shall be permitted within this subarea:
1. Commercial uses for the rental or sale of packing and moving of related items;
2. Commercial uses for the operation of a postal box rental facility.
B. Subarea B. The following uses shall be permitted within this subarea:
1. Medical and dental offices and/or laboratories;
2. Nursery, child care and day care centers;
3. Public and quasi-public uses appropriate with the area such as electronical institutions, business, technical, vocational, and trade schools;
4. Stock brokerages, mortgage and real estate companies, credit union offices, and financial institutions;
5. Business and professional offices such as architects, attorneys, accountants, engineers, insurance agencies, and other professional and general business offices;
6. Commercial uses or services such as beauty shop, barbershop, photo studio, convenience retail uses or services such as a bakery, pastry shop, bookstore, candy or ice cream store and shoe repair, apparel and accessory store, and similar small shops or boutiques;
7. Addressing and mailing service, blueprinting, photostatting, and/or photocopying services (other than a printer or lithographer), drafting service, messenger service, telegraph office, answering service, private postal box service, travel agency and similar services typically associated with administrative and professional offices;
8. General retail sales, excluding uses with outdoor storage or display;
9. Other retail uses subject to the approval of the community development director provided they are not conditionally approved uses or prohibited by this chapter.
C. Subarea C. The following uses shall be permitted within this subarea:
1. Commercial uses or services such as beauty shop, barbershop, photo studio, convenience retail uses or services such as a bakery, pastry shop, bookstore, candy or ice cream store and shoe repair, apparel and accessory store, and similar small shops or boutiques;
2. General retail sales, excluding uses with outdoor storage or display;
3. Other retail uses subject to the approval of the community development director provided they are not conditionally approved uses or prohibited by this chapter.
D. Subarea D. The following uses shall be permitted within this subarea:
1. Duplex, triplex, apartments, and other small multifamily structures; townhouses and single-family, attached or detached homes; all not exceeding a density of twelve dwellings per gross acre;
2. Accessory facilities or buildings related to the primary use subject to Chapter 17.660;
3. Nursery, child care and day care centers.
4. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
5. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
E. Subarea E. The following uses shall be permitted within this subarea:
1. Medical and dental offices and/or laboratories up to a maximum of thirty-three percent of the building's square footage;
2. Public and quasi-public uses appropriate with the area;
3. Business and professional offices such as architects, attorneys, accountants, engineers, insurance agencies, stock brokerages, mortgage and real estate sales and leasing companies, credit union offices, banks and savings and loan companies, and other professional and general business offices;
4. Commercial uses which manufacture their primary product on the premises, such as drapery shops, cabinet shops, upholstery shops, and similar uses;
5. Commercial uses or services such as beauty shop, barbershop, photo studio, convenience retail uses or services such as a bakery, pastry shop, bookstore, candy or ice cream store and shoe repair, apparel and accessory store, and similar small shops or boutiques;
6. Addressing and mailing service, blueprinting, photostatting, and/or photocopying services (other than a printer or lithographer), drafting service, messenger service, telegraph office, answering service, private postal box service, travel agency and similar services typically associated with administrative and professional offices;
7. General retail sales, excluding uses with outdoor storage or display;
8. Other retail uses subject to the approval of the community development director provided they are not conditionally approved uses or prohibited by this chapter.
F. Subarea F. The following uses shall be permitted within this subarea:
1. Medical and dental offices and/or laboratories. Within the project identified as Design Review 05-15, Gregory Ranch Office Condominiums, this use is restricted to Building A only;
2. Nursery, child care and day care centers;
3. Public and quasi-public uses appropriate with the area such as electronical institutions, business, technical, vocational, and trade schools;
4. Stock brokerages, mortgage and real estate companies, credit union offices, and financial institutions;
5. Business and professional offices such as architects, attorneys, accountants, engineers, insurance agencies, and other professional and general business offices;
6. Commercial uses which may or may not manufacture their primary product on the premises, such as drapery shops, cabinet shops, upholstery shops, and similar uses;
7. Commercial uses or services such as beauty shop, barbershop, photo studio, convenience retail uses or services such as a bakery, pastry shop, bookstore, candy or ice cream store and shoe repair, apparel and accessory store, and similar small shops or boutiques;
8. Addressing and mailing service, blueprinting, photostatting, and/or photocopying services (other than a printer or lithographer), drafting service, messenger service, telegraph office, answering service, private postal box service, travel agency and similar services typically associated with administrative and professional offices;
9. General retail sales, excluding uses with outdoor storage or display;
10. Office uses which are supplementary to any industrial, business, or commercial uses permitted in the zone;
11. Other retail uses subject to the approval of the community development director provided they are not conditionally approved uses or prohibited by this chapter.
G. Subarea G. Permitted uses for this subarea shall be determined by subsequent planned development amendment.
H. Subarea H. Permitted uses for this subarea shall be determined by subsequent planned development amendment.
I. Subarea I. Permitted uses for this subarea shall be determined by subsequent planned development amendment.
(Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020)
Chapter 17.499
PD-49 (PLANNED DEVELOPMENT FORTY-NINE) ZONE
§ 17.499.003 Permitted and conditionally permitted uses in subarea B.
The following uses are permitted "by right" in subarea B:
A. Professional and business offices;
B. Facilities for the care of the elderly including residential, congregate residential and convalescent care; health club or recreational club; veterinary clinic; public and quasi-public uses such as government office, library, employment office, utility offices, and similar uses, including day care facilities; C. General retail sales and services;
D. Medium to high to very high density multifamily residential not exceeding an average density of twenty-five units per acre;
EF. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
G. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
H. Other similar uses as determined by the community development director.
The following uses are permitted within subarea B subject to approval of a conditional use permit:
A. Hotels;
B. Mixed residential and nonresidential uses within the same structure, except as permitted above; C. Other similar uses as determined by the community development director. (Ord. 857 § 2, 2008; Ord. 1013 § 2, 2020)
Chapter 17.508
PD-58 (PLANNED DEVELOPMENT FIFTY-EIGHT) ZONE
§ 17.508.002 Permitted uses.
A. Duplex, triplex, apartments and other small multifamily structures; townhouses and single-family attached homes;
B. Rooming and boarding subject to Section 17.650.003;
C. Accessory facilities or buildings related to the primary use subject to Chapter 17.660; D. Temporary uses related to the primary use subject to obtaining a temporary use permit pursuant to Chapter 17.850;
E. Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840; F. The keeping of domestic animals or pets subject to Chapter 17.670; G. Signs subject to Chapter 17.640.
H. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
I. Agricultural employee housing for six or fewer persons, in compliance with California Health and
Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
(Ord. 857 § 2, 2008)
§ 17.508.003 Conditionally permitted uses.
A. Public facilities including parks, playgrounds, public schools and other public buildings; B. Churches and religious institutions and parochial or private schools; C. Community buildings, clubs and activities of quasi-public, social, fraternal or recreational character such as golf, tennis and swimming clubs intended to primarily serve the immediate neighborhood or residential project;
D. Large residential care facilities;
ED. Dog fancier's license in accordance with the provisions of Section 17.670.009. (Ord. 857 § 2, 2008)
Chapter 17.509
PD-59 (PLANNED DEVELOPMENT FIFTY-NINE) ZONE
§ 17.509.002 Permitted uses for each subarea.
A. Subarea A:
1. Single-family dwelling units;
2. Parks, playgrounds and recreation trails;
3. Rooming and boarding subject to Section 17.650.003;
4. Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;
5. Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840;
6. The keeping of domestic animals or pets subject to Chapter 17.670.
7. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
8. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
B. Subarea B (duet lots):
1. Single-family attached dwelling units;
2. Accessory facilities or buildings related to the primary use subject to Chapter 17.660;
3. Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;
4. Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840;
5. The keeping of domestic animals or pets subject to Chapter 17.670.
6. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
7. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
C. Subarea C:
1. Single-family dwelling units;
2. Recreation trails;
3. Accessory facilities or buildings related to the primary use subject to Chapter 17.660;
4. Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;
5. Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840;
6. The keeping of domestic animals or pets subject to Chapter 17.670.
7. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
8. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
D. Subarea D:
1. Single-family dwelling units;
2. Parks, playgrounds and recreation trails;
3. Rooming and boarding subject to Section 17.650.003;
4. Accessory facilities or buildings related to the primary use subject to Chapter 17.660;
5. Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;
6. Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840;
7. The keeping of domestic animals or pets subject to Chapter 17.670.
8. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
9. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses Page 100 of 336 within the same zone.
E. Subarea E:
1. Single-family dwelling units;
2. Parks, playgrounds and recreation trails;
3. Rooming and boarding subject to Section 17.650.003;
4. Accessory facilities or buildings related to the primary use subject to Chapter 17.660;
5. Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;
6. Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840;
7. The keeping of domestic animals or pets subject to Chapter 17.670.
8. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
9. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
F. Subarea F:
1. Single-family dwelling units;
2. Rooming and boarding subject to Section 17.650.003;
3. Accessory facilities or buildings related to the primary use subject to Chapter 17.660;
4. Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;
5. Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840;
6. The keeping of domestic animals or pets subject to Chapter 17.670.
7. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
8. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
(Ord. 857 § 2, 2008; Ord. 915 § 2, 2013)
Chapter 17.511
PD-61 (PLANNED DEVELOPMENT SIXTY-ONE) ZONE
§ 17.511.001 Authority, purpose and intent.
The authority, purpose, and intent for the adoption of the PD-61 (planned development sixty-one) zone are as Page 101 of 336 follows:
A. Authority. The PD-61 zone is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones—General Regulations, of the Brentwood Municipal Code.
B. Purpose. The purpose of the PD-61 zone is to permit and regulate the orderly development of 5.81 acres located generally between Sycamore Avenue and Spruce Street, east of Brentwood Boulevard, with high density residential uses in accordance with the Brentwood general plan, for a maximum of fifty-three lots. The area is divided into two subareas as shown on the subarea map.
C. Intent. The intent of creating the PD-61 zone is to ensure the coordinated development of the entire property in order to minimize impacts on adjacent properties. The boundaries of the PD-61 zoning district and its subareas are as shown on the map in Section 17.511.007. (Ord. 857 § 2, 2008)
§ 17.511.002 Permitted uses for each subarea.
Subarea A:
A. Single-family dwelling units not exceeding a density of fifteen and a half dwelling units per gross acre;
B. Recreational trails;
C. Rooming and boarding subject to Section 17.650.003;
D. Temporary uses related to the primary use and subject to obtaining a temporary use permit subject to Chapter 17.850;
E. Home occupation subject to obtaining a home occupation permit pursuant to Chapter
17.840; and
F.
G.
H.
The keeping of domestic animals or pets subject to Chapter 17.670.
Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
Subarea B:
A. Single-family dwelling units not exceeding a density of fifteen and a half dwelling units per gross acre;
B. Parks, playgrounds, and recreational trails;
C. Rooming and boarding subject to Section 17.650.003;
D. Temporary uses related to the primary use and subject to obtaining a temporary use
permit subject to Chapter 17.850;
E. Home occupation subject to obtaining a home occupation permit pursuant to Chapter
17.840; and
F.
G.
H.
The keeping of domestic animals or pets subject to Chapter 17.670.
Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
(Ord. 857 § 2, 2008)
Chapter 17.514
PD-64 (PLANNED DEVELOPMENT SIXTY-FOUR) ZONE
§ 17.514.002 Permitted and conditionally permitted uses and general development standards for subarea A.
Low density residential area with active adult neighborhoods, executive neighborhoods, a recreation center, a water tank and pump stations, storm drainage basins, parks and associated open space.
A. Permitted Uses.
1. Single-family single-story detached for age-restricted occupancy;
2. Duet units for age-restricted occupancy;
3. Single-family detached homes for non-age-restricted occupancy;
4. Single-family uses not exceeding a density of five dwelling units per gross acre;
5. Accessory facilities or buildings related to the primary use subject to Chapter 17.660;
6. Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840;
7. The keeping of domestic animals or pets subject to Chapter 17.670;
8. Model home sales facilities;
9. Recreation center and related facilities including clubhouse, tennis courts, swimming pools, maintenance structures and related recreation facilities;
10. Homeowners' association recreation buildings, tennis courts, swimming pools, gatehouses, other common-use facilities and open area;
11. Water tank, pump stations and associated structures;
12. Detention basin, water quality basin and associated structures;
13. Agricultural planting areas with vineyards and olive groves, maintenance and related structures;
14. Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;
15. Parks, playgrounds and recreational trail;
16.16. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
17. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
18. Other uses determined by the community development department to be similar to and compatible with the preceding permitted uses.
B. Conditionally Permitted Uses.
1. Uses ancillary to a recreation center, which will serve persons other than residents of the active adult community, such as a restaurant or bar;
2. Other uses determined by the community development department to be similar to the ancillary use.
C. General Development Standards.
1. Maximum Number of Units and Minimum Lot Area.
a. Maximum Active Adult Units. A maximum of one thousand one hundred single story active adult Single-Family dwelling units and duets shall be permitted within the lands of subarea A. b. Maximum Executive Units. A maximum of one hundred fifty single-family dwelling units shall be permitted within the lands of subarea A.
c. Recreation Center. One community center which may have a distinguishing tower that exceeds thirtyfive feet in height, is allowed on a centrally located approximately nine-acre site. d. Lot area. Minimum lot area shall be four thousand square feet for active adult single-family lots, two thousand five hundred square feet for active adult duet lots, and nine thousand square feet for executive single-family lots. A variety of lot sizes, larger than the minimums, shall be included to provide a variety of housing products and yard conditions.
e. Setbacks, Height and Parking. Each yard setback below shall be measured from its respective property line, regardless of guest parking bays, except that measurement shall be from the back of sidewalk wherever a street's sidewalk lies inside a lot. All yard setbacks shall be measured to the nearest specified wall of the dwelling. Allowable projections into yard setbacks shall be as set forth in Section
17.660.005, Encroachments Into Required Yards.
The Vineyards at Marsh Creek Setback Criteria and Lot Coverage Active Adult Residential
Duet
Lot 48′ x 97′ Lot 58′ x 97′ Lot 72′-75′ x 97′ Lot
Minimum Frontage on a
Curve/Cul-de-sac or Knuckle
18′ 35′ 35′ 35′
The Vineyards at Marsh Creek Setback Criteria and Lot Coverage Active Adult Residential
Duet
Lot 48′ x 97′ Lot 58′ x 97′ Lot 72′-75′ x 97′ Lot
A. Minimum Front Yard
1. To a garage door of a frontentry garage 18′ 18′ 18′ 18′
2. To a wall of a side entry
garage
12′ 12′ 12′ 12′
3. To a wall of a habitable
room
12′ 12′ 12′ 12′
B. Minimum Side Yard
Adjoining a Street
10′ 10′ 10′ 10′
C. Minimum Side Yard at an
Interior Lot Line
1. To a wall of a garage 0/5′ 5′ 5′ 5′
2. To a wall of a habitable
room
0/5′ 5′ 5′ 5′
3. To landscape structures not
exceeding 6′ in height
3′ 3′ 3′ 3′
4. Aggregate, both side yards
at garage
5′ 10′ 10′ 10′
5. Aggregate, both side yards
at non-garage
5′ 10′ 10′ 10′
6. Aggregate, both side yards
at landscape walls
3′ 6′ 6′ 6′
D. Minimum Rear Yard 8′ minimum with a 15′
average
8′ minimum with a 15′
average
8′ minimum with a 15′
average
E. Minimum Off-Street
Parking Spaces
1. In a garage 2 2 2 2
2. In a driveway 2 2 2 2
F. Maximum Building Height 35′ 35′ 35′ 35′
The Vineyards at Marsh Creek Setback Criteria and Lot Coverage Active Adult Residential
Duet
Lot 48′ x 97′ Lot 58′ x 97′ Lot 72′-75′ x 97′ Lot
G. Lot Coverage (Note: all
plans are single story)
Sq. Ft. % Coverage % Coverage % Coverage
Plan 1 1737 37.31
Plan 2 2135 45.85
Plan 3 2221 47.70
Plan 4 2357 41.89
Plan 5 2515 44.70
Plan 6 2664 47.40
Plan 7 2966 40.77
Plan 8 3003 41.29
Plan 9 3189 43.79
Executive Single-Family Residential
9,000 SF Lot
Minimum 9,000 SF
Average 11,500SF
(Min 70′ x 110′)
13,000 SF Lot
Minimum 13,000 SF
Average 17,000SF
(Min 75′ x 110′)
Minimum Frontage on a Curve/Cul-de-sac
or Knuckle
35′ 35′
A. Minimum Front Yard
1. To a garage door of a front-entry garage 20′ 20′
2. To a wall of a side entry garage 15′ 15′
3. To a wall of a habitable room 15′ 15′
B. Minimum Side Yard Adjoining a Street 10′ 15′
C. Minimum Side Yard at an Interior Lot
Line
1. Minimum/aggregate setbacks 5/15 10/20
The Vineyards at Marsh Creek Setback Criteria and Lot Coverage Active Adult Residential
Duet
Lot 48′ x 97′ Lot 58′ x 97′ Lot 72′-75′ x 97′ Lot
D. Minimum Rear Yard 15′ first floor Lots backing onto 20′ second floor 20′ second floor Fairview: 20′ first floor; 25′ second floor; other lots 25′
E. Minimum Off-Street Parking Spaces
1. In a garage 3 3
2. In a driveway 2 2
3. Total off-street 5 5
F. Maximum Building Height 35′ 35′
G. Lot Coverage % Coverage % Coverage
1. Single story 45 45
2. Two-story 40 40
D. Construction Standards for Active Adult and Executive Housing.
1. Variety in Building Mass. Variety in building mass shall be accomplished by:
a. Inclusion in the floor plans available for purchase, varying front façade design, such as side-entry garages and varying the entryway location and design;
b. Avoidance of use of a single façade design more than twice in any group of contiguous homes; c. Inclusion of floor plan purchase-options, such as additional golf cart garage space, which alters the visual mass of a floor plan;
d. Executive single-family homes that back up onto Fairview shall have one story profiles. This is defined by having a minimum of a five-foot horizontal setback between the first and second floors, having a single story component for at least eighty percent of the length of the rear elevation. See the development plan and related exhibits for lot locations and example profiles. e. At the time site design and development review of multiple floor plans, incorporating design variations such as those described above, shall be submitted.
E. Additional Residential Design Items.
1. Design Review. Design review shall be required as follows:
a. Residential Buildings. Design and site development review shall be required pursuant to Chapter
17.820. The architectural style has a palette of cut and rustic stone with hues of rose, buff and ochre, ornamental carved or cast stone, terra cotta colored clay or concrete roof tile, awning shutters, detailed ironwork and plants in terra cotta pots. Residential units have been organized for "street presence" with Page 107 of 336 several models possessing gathering and semi-private terraces on the street side of the property.
Identifying features may consist of:
i. Roofs are typically "S" and barrel concrete or clay tiles at a low pitch; ii. Doors and windows are generally recessed into thick walls; iii. Accents may include tile surround, metal railings, shutters and awnings; iv. Use of columns, window and door surrounds.
b. Landscaping, Fencing and Walls. Landscaping, fencing and walls in areas adjoining a public or private street shall conform to the plans approved by the planning commission. Individual lot landscaping includes a lawn area and a palette of groundcovers and smaller trees in the front and side yards with a mix of shrubs, flowering groundcovers and grasses to provide moderate privacy screening and seasonal interest. Where lot size permits, gardens will be anchored by larger shade trees. Trellises or patio trees that shade courtyards off of living spaces are encouraged. Trellises and walls may be covered with climbing landscaping. Walls are generally stucco, smooth and in earth tone colors. Gatehouses will reflect the residential architecture and incorporate community monumentation. c. Public and Common Open Space. As part of the aesthetic productive landscape, grapes and olives will be cultivated wherever possible. In larger open-space production areas, grapes will be grown in rows spaced to allow mechanical harvesting. However, in some areas where aesthetics are equally important such as the rows flanking Fairview Avenue, the rows may have to be spaced more tightly and thus harvested by hand. Olive orchards can be located on slopes that are steeper than three to one. Harvest will be by hand or mechanical means, depending on orchard access.
Since the agricultural components are part of a true working landscape, access within the vineyards and orchards will be restricted to those who are growing the grapes and olives. Limited pedestrian and service vehicular access only will be allowed where possible in designated areas. d. Recreation Facilities and Conditional Use Permit Uses. Design and site development review approval by the planning commission pursuant to Chapter 17.820 shall be required for the following:
i. Recreation center buildings and accompanying outdoor facilities such as pools; (a) Design elements may include stone accents and a distinguishing tower. Large view oriented spaces will be designed as lightly scaled trellis or outdoor loggia elements (though glass enclosed) attached to the more traditional mass of this architectural character.
ii. Buildings for which approval of a conditional use permit by the planning commission is required.
F. Roadway Items.
1. Fairview Avenue. Public one hundred forty-foot right-of-way, including two to four travel lanes, turn lanes at intersections, bike lanes, with no parking allowed. Landscaping to allow vineyards and olive groves in addition to traditional street trees and groundcover. Public eight-foot multi use path located on each side of Fairview Avenue.
2. Local Spine Streets. Private thirty-six-foot curb-to-curb, including two travel lanes and on-street parking allowed. One side only five-feet of traditional landscaping between a separated four-foot sidewalk and the curb. Ten-foot PUE, that overlaps the right-of-way by six-inches located each side of the roadway.
3. Local Streets. Private thirty-six-foot curb-to-curb, including two travel lanes and on-street parking allowed. One side only four and one-half-foot curb adjacent sidewalk. Ten-foot PUE, that overlaps the Page 108 of 336 right-of-way by six-inches located each side of the roadway. (Ord. 857 § 2, 2008)
Chapter 17.515
PD-65 (PLANNED DEVELOPMENT SIXTY-FIVE) ZONE
§ 17.515.002 Permitted uses for each subarea.
A. Subarea A.
1. Single-family dwelling units;
2. Parks, playgrounds and recreation trails;
3. Rooming and boarding subject to Section 17.650.003;
4. Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;
5. Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840;
6. The keeping of domestic animals or pets subject to Chapter 17.670.
7. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
8. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
B. Subarea B.
1. Single-family dwelling units;
2. Parks, playgrounds and recreation trails;
3. Rooming and boarding subject to Section 17.650.003;
4. Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;
5. Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840;
6. The keeping of domestic animals or pets subject to Chapter 17.670.
7. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
8. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
C. Subarea C.
1. Single-family dwelling units; Page 109 of 336
2. Parks, playgrounds and recreation trails;
3. Rooming and boarding subject to Section 17.650.003;
4. Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;
5. Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840;
6. The keeping of domestic animals or pets subject to Chapter 17.670.
7. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
8. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
D. Subarea D.
1. Single-family dwelling units;
2. Parks, playgrounds and recreation trails;
3. Rooming and boarding subject to Section 17.650.003;
4. Accessory facilities or buildings related to the primary use subject to Chapter 17.660;
5. Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;
6. Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840;
7. The keeping of domestic animals or pets subject to Chapter 17.670.
8. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
9. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
E. Subarea E (Duet Lots).
1. Single-family attached dwelling units;
2. Accessory facilities or buildings related to the primary use subject to Chapter 17.660;
3. Temporary uses related to the primary use and subject to obtaining a temporary use permit pursuant to Chapter 17.850;
4. Home occupation subject to obtaining a home occupation permit pursuant to Chapter 17.840;
5. The keeping of domestic animals or pets subject to Chapter 17.670.
6. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
7. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
F. Subarea F (Swim Club).
1. Swimming and related facilities serving the surrounding Rose Garden neighborhood only, including pools and pool equipment, shade structures, restrooms, shower areas, changing areas, aquatic apparatus, meeting rooms, facility staff offices, and vending machines. (Ord. 857 § 2, 2008)
Chapter 17.521
PD-71 (PLANNED DEVELOPMENT SEVENTY-ONE) ZONE
§ 17.521.002 Permitted uses.
The following uses are permitted within the PD-71 zone:
A. Single-family dwelling units and duets not exceeding a density of five dwelling units per acre; B. Accessory facilities or buildings related to the primary use subject to Chapter 17.660; C. Temporary uses related to the primary use subject to obtaining a temporary use permit pursuant to Section 17.850;
D. Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840; E. Public parks and related facilities;
F. Improved open space and trails;
G. Pedestrian bridges and riparian habitat enhancement and restoration activities subject to obtaining all applicable local, state, and federal permits;
H. The keeping of domestic animals or pets subject to Chapter 17.670; I. Small family residential care facilities;
JJ. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
K. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
L. Similar uses subject to the approval of the community development director. (Ord. 857 § 2, 2008)
§ 17.521.003 Conditionally permitted uses.
The following uses require special consideration and approval of a conditional use permit in accordance with
Chapter 17.830:
A. Secondary housing units subject to Section 17.100.005; B. Churches and religious institutions and parochial or private schools; C. Community buildings, recreational clubs such as tennis and swimming clubs intended to primarily serve the immediate neighborhood or residences within one-half mile of the recreational club when they are located at least fifty feet from the top of the bank of Marsh Creek; D. Large residential care facilities;
ED. Other uses as determined by the community development director that because of the type of operation, materials stored, or other special circumstances require special consideration and regulations through the conditional use permit procedure.
(Ord. 857 § 2, 2008)
Chapter 17.522
PD-72 (PLANNED DEVELOPMENT SEVENTY-TWO) ZONE
§ 17.522.003 Permitted uses.
The following uses are permitted within the PD-72 zone:
A. Apartments, condominiums, townhouses, and attached single-family homes; B. Rooming and boarding subject to Section 17.650.003;
C. Accessory structures related to the primary use subject to Section 17.522.006(D); D. Temporary uses related to the primary use, subject to obtaining a temporary use permit pursuant to Chapter 17.850;
E. Home occupations subject to obtaining a home occupation permit pursuant to Chapter 17.840; F. Small family residential care facilities;
G. The keeping of domestic animals or pets subject to Chapter 17.670; and H. Signs subject to Chapter 17.640.
I. Residential Care Facilities, regardless of size and occupancy, shall be subject only to the same requirements as other residential uses within the same zone.
J. Agricultural employee housing for six or fewer persons, in compliance with California Health and Safety Code Section 17021.5, shall be subject only to the same requirements as other residential uses within the same zone.
(Ord. 905 § 2, 2012)
§ 17.522.004 Conditionally permitted uses.
The following uses are conditionally permitted within the PD-72 zone:
A. Public facilities including parks, playgrounds, public schools and other public buildings;
B. Churches and religious institutions and parochial or private schools; C. Community buildings, clubs and activities of quasi-public, social, fraternal or recreational character such as golf, tennis and swimming clubs intended to primarily serve the immediate neighborhood or residential project; and
D. Large residential care facilities.
(Ord. 905 § 2, 2012)
Article IX
Supplementary Regulations
Chapter 17.620
OFF-STREET PARKING
§ 17.620.007 Off-street parking spaces required—Residential zones.
Except as specified in Section 17.620.012 there shall be required for permitted uses in a residential zone the number of off-street parking spaces specified in this section:
A. Single-Family Dwelling.
1. Primary Dwelling Unit. Two spaces, both of which shall be enclosed within a garage.
2. Accessory Dwelling Unit. The number of spaces required in Section 17.100.005(D)(10).
B. Two- and Three-Family Dwellings. A total of 0.5 assigned, covered spaces per 0-bedroom units (studios) and 1.5 assigned, covered spaces per 1-bedroom unit. Two assigned spaces for each dwelling unit larger than 1-bedroom, all of which shall be covered; C. Four- and More Family Dwellings. A total of 0.5 assigned, covered spaces per 0-bedroom units (studios) and 1.5 assigned, covered spaces per 1-bedroom unit. Parking for units larger than 1-bedrrom shall be provided for each dwelling unit in an apartment complex at a ratio of one assigned space which shall be covered plus one common space which may be uncovered; D. Condominium or Similar Single-Family Residence Projects. Two assigned spaces which shall be enclosed within a garage, and two common spaces for each dwelling unit which may be uncovered; E. Mobile Home Park. Two assigned spaces on each mobile home lot, one of which shall be covered, plus one of which may be covered, plus one common space for each two mobile home lots which may be uncovered;
F. Common parking spaces in mobile home park, apartment, condominium and similar projects shall be distributed throughout the project with some concentration near recreation, laundry and other community facilities;
G. Two-unit housing developments, as defined in Chapter 17.797, shall comply with the parking requirements set forth therein.
(Ord. 408, 1987; Ord. 991 § 2, 2017; Ord. 1021 § 5, 2021; Ord. 1030 § 3, 2021; Ord. 1033 § 5, 2022) Article X
Supplementary Regulations—Continued
Chapter 17.760
REASONABLE ACCOMMODATION FOR PERSONS WITH DISABILITIES
§ 17.760.003 Application requirements.
A. Application. Requests for reasonable accommodation shall be submitted on an application form provided by the community development director or in the form of a letter, to. Information regarding the directorspecifics of the disability will remain confidential and inaccessible by the public. The application, whether on the form or in the form of a letter shall contain the following information:
1. The applicant's name, address and telephone number.
2. Address of the property for which the request is being made.
3. The current actual use of the property.
4. The basis for the claim that the individual is considered disabled under the Acts.
5. The municipal code provision, zoning ordinance provision, or other regulation or policy from which reasonable accommodation is being requested.
6. Why the reasonable accommodation is necessary to make the specific property accessible to the individual.
B. Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including, but not limited to, use permit, plan check review, general plan amendment, zone change, etc.), then the applicant shall file the information required by subsection A together for concurrent review with the application for discretionary approval.
(Ord. 943 § 6, 2015)
§ 17.760.006 Findings and decision.
A. Findings. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:
1. Whether the housing, which is the subject of the request, will be used by an individual with a disability protected under the Acts. Zero to one bedroom: one on-site parking space.
2. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts. Two to three bedrooms: two on-site parking spaces.
3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city. Four and more bedrooms: two and one-half on-site parking spaces., as defined in the Fair Housing Act (FHA) and Federal and State Fair Housing Laws.
4. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including, but not limited to, land use and zoning.
5. Potential impact on surrounding uses.
6. Physical attributes of the property and structures5. Whether the requested reasonable accommodation would constitute a direct threat to the health or safety of others or would cause substantial physical damage to the property of others. Page 114 of 336
.
7. Alternative reasonable accommodations which may provide an equivalent level of benefit.
B. Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection A. (Ord. 943 § 6, 2015)
§ 17.760.007 Appeal of determination.
A. Appeals of the Decision of the Director. An applicant or any party with interest may appeal any determination of the director to the planning commission if appropriate notice is given to the community development department office within tenthirty calendar days of the director's decision. The city shall charge a fee for costs involved in the appeal. If an individual needs assistance in filing an appeal on an adverse decision, the city will provide assistance to ensure that the appeals process is accessible. The planning commission shall hear and determine any appeal within thirty days of such notice.
B. Appeals of Decision of the Planning Commission or Other Reviewer. An applicant or any party with interest may appeal any determination of the planning commission or other reviewer to the city council if appropriate notice is given to the community development department office within ten calendar days of the planning commission's decision. The city shall charge a fee for costs involved in the appeal. If an individual needs assistance in filing an appeal on an adverse decision, the jurisdiction will provide assistance to ensure that the appeals process is accessible The city council shall hear and determine any appeal within thirty days of such notice. The decision of the city council shall be deemed final. (Ord. 943 § 6, 2015)
Chapter 17.770
EMERGENCY SHELTERS
§ 17.770.003 Standards for emergency shelters.
A. Occupancy. The maximum number of beds or persons permitted to be served nightly by an emergency shelter, or any combination of emergency shelters in the city, shall not exceed the number of unsheltered homeless as determined by the general plan housing element in accordance with state law.
B. Length of Stay. Occupancy for an individual in an emergency shelter is limited to no more than six months. The operator of the emergency shelter shall maintain adequate documentation to demonstrate compliance with this provision.
C. Location. No emergency shelter shall be located within three hundred feet of another emergency or homeless shelter or similar type facility. The distance between emergency shelters shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall or the closest location of any outdoor common facilities of one emergency shelter to the closest exterior wall or the closest location of any outdoor common facilities of another emergency shelter.
D. Management Plan. Prior to the establishment of the use and development, the operator of the emergency shelter must submit to the community development department a written management plan, approved by the city manager. As a minimum, the management plan shall include and address the following:
1. Procedures for staff training to meet the needs of the shelter residents, and have processes to address the following topics: client intake, confidentiality, health and safety training, mental health, and substance abuse treatment and referrals;
2. Operational rules and standards of conduct for residents, including policies prohibiting the use or possession of controlled substances by residents, rules concerning the use or possession of alcohol, curfew, prohibition of loitering, and any other provisions necessary to ensure compatibility with surrounding uses;
3. Policies and procedures for eviction from the facility for violation of rules and standards of conduct;
4. A detailed safety and security plan to protect shelter residents and surrounding residents and uses;
5. A process for resident screening and identification;
6. A process for identification and registration with the chief of police of clients required to register as convicted sex offenders;
7. Provisions for on-site or partnerships with off-site organizations to provide job training, counseling, and treatment programs for the residents;
8. Services to assist residents with obtaining permanent shelter and income;
9. Policies regarding pet care and boarding during residents' stay at the facility;
10. If applicable, timing and placement of outdoor activities;
11. Location within the facility for temporary storage of residents' personal belongings;
12. Provisions for continuous on-site supervision during hours of operation. Specifically, there shall be a minimum of one staff person per eight clients during daytime hours, seven a.m. to ten p.m., and a minimum of two staff people at the facility during nighttime hours, ten p.m. to seven a.m.;
13. If applicable, procedures for ensuring safety and security of women and children within the facility;
14. Each emergency shelter must provide refuse containers or an enclosure that is consistent with city standards as set forth in the city's Standard Plans and Specifications;
15. The exterior of the building must be kept in a good state of repair and the exterior finish and landscaping must be kept clean and well maintained. Each site shall be kept in a neat and orderly manner, free of weeds, loose trash, debris and other litter, including, but not limited to, shopping carts;
16. Organized outdoor activities on the site may only be conducted between the hours of eight a.m. and ten p.m.;
17. Noise shall be limited so as not to create an adverse impact on surrounding uses. No loudspeakers or amplified sound shall be placed within, or project outside of, the emergency shelter;
18. Employees, partners, directors, officers, managers and similar persons shall be screened prior to occupancy to confirm that they have no history of a previously failed emergency shelter (or similar facility) due to the fault of the operator, and have not been convicted of any of the following offenses within the prior five years:
a. A crime requiring registration under Penal Code Section 290, b. A violation of Penal Code Section 311.2 or 311.4 through 311.7, c. A violation of Penal Code Sections 313.1 through 313.5,
d. A violation of Penal Code Section 647(a), (b), or (d), e. A violation of Penal Code Section 315, 316, or 318,
f. A felony crime involving the use of force or violence on another, or g. The maintenance of a nuisance in connection with the same or similar business operation.
The management of the emergency shelter shall effectuate a background investigation on all employees to the satisfaction of the chief of police.
E. Common Facilities and Services. An emergency shelter may include the following facilities and services as ancillary to the emergency shelter use:
1. Commercial kitchen facilities;
2. Dining area;
3. Laundry room;
4. Recreation or meeting room;
5. Outdoor recreational spaces; provided, that the space is located within a building interior courtyard or is enclosed by a building, solid fence, or wall or some combination thereof to secure the space and ensure that it is not accessible to the general public;
6. Support services (counseling, job training, and other social and medical services);
7. Animal boarding and related veterinary services for current residents of the facility only;
8. Child care facilities for current residents of the facility only.
F. Client Intake Areas. An enclosed intake area shall be provided within the emergency shelter building.
The intake area shall be a minimum of one hundred square feet in size, located entirely within the building. The intake hours shall be posted clearly on the doors to the emergency shelter. Clients shall be allowed to wait in an interior or exterior waiting area that shall not exceed one hundred square feet.
Clients shall not loiter nor form a queue outside of the exterior waiting area.
G. Parking. Each emergency shelter shall have a minimum of two off-street parking spaces plus one additional off-street parking space for each ten beds, or fraction thereof. Parking. Emergency shelters shall provide sufficient on-site parking to accommodate all employees, consistent with Section 65583, subdivision (a)(4)(B)(ii) provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
H. Lighting. Exterior lighting shall be located along all pedestrian pathways, parking lots, entrances and exits, common outdoor areas and at the front of the building. All lighting shall be maintained in good operating condition and shall be fully-shielded.
I. On-Site Security. Security measures shall be reviewed and approved by the chief of police prior to commencement of operations on the site and shall be sufficient to protect clients and neighbors. On-site security shall be provided during the hours when the emergency shelter is in operation and at all times when clients are present on-site. In the event that five or more calls for police services have been received over a thirty-day period by the police department, the facility shall be required to provide additional on-site security staff to the satisfaction of the chief of police and the community development
director.
J. City, County and State Requirements. An emergency shelter shall obtain and maintain in good standing all required licenses, permits, and approvals from the city, county and state agencies or departments and demonstrate compliance with applicable building and fire codes. An emergency shelter shall comply with all county and state health and safety requirements for food, medical and other supportive services provided on-site.
(Ord. 943 § 6, 2015)
§ 17.770.004 Development regulations for emergency shelters.
Except as otherwise set forth in this chapter, all new construction shall comply with the residential, commercial and industrial land use regulations for the underlying district in which the emergency shelter will be located. If no such regulations exist, the developer shall file an application with and obtain approval from the city of a rezone to establish development standards for the emergency shelter prior to any building permit issuance.
Emergency shelters shall be permitted by-right in the PD-38 zone consistent with Section 65583, subdivision (a)(4) of the State Government Code and AB 2339 (2023). All emergency shelters, regardless of the number of occupants, shall meet all applicable development standards to the zoning districts in which they are permitted by-right. (Ord. 943 § 6, 2015)
Article XI
Administrative Procedure and Permits Regulations
Chapter 17.820
DESIGN AND SITE DEVELOPMENT REVIEW
§ 17.820.001 Title and purpose of provisions.
A. Title. The provisions of this chapter shall be known as the "design and site development review procedure" of this title.
B. Purpose. The purpose of these regulations is to allow design and site development review of all developments, signs, buildings, structures and other facilities constructed or modified in any zone where design and site development review is required in order thereby to foster a good design character through consideration of aesthetic and functional relationships to surrounding development, and in order to further enhance the city's appearance, and the livability and usefulness of properties.
The purpose of the architecturalplanning commission in the design and site development review committeeprocess is to recognize the interdependence of land values and aesthetics, and to provide a method by which the city may implement this interdependence to its benefit, and to the benefit of its individual citizens. It is also the purpose of the committeeplanning commission to preserve and enhance the beauty and environmental amenities of the city by:
1. Stimulating creative design;
2. Encouraging the innovative use of materials, methods and techniques;
3. Preserving balance and harmony;
4. Integrating the functions, appearance, and locations of buildings and improvements, including parking, so as to best achieve a balance between private prerogatives and preferences and the public interest and welfare.
(Ord. 408, 1987; Ord. 663 § 1, 2001)
§ 17.820.005 Architectural review committee structure andauthority; design standards and guidelines.
An architectural review committee is hereby established, consisting of theThe members of the Brentwood planning commission, as appointed by the city council. The architectural review committee, shall have the authority to review, conditionally approve and disapprove architectural plans, drawings and sketches.
The committee shall establish, and the city council shall adopt, objective design standards for residential projects and design guidelines for commercial and industrial projects, all of which shall be applied by the committeeplanning commission, the community development director, and on appeal, the city council, in reviewing applications for development. Said standards and guidelines are to be set forth in pictorial and/or narrative form and may illustrate undesirable as well as desirable examples of design. A documentDocuments containing the standards and guidelines shall be available for public reference in the community development department. The committee may periodically review these guidelines and may make appropriate amendments subject, in all cases, to city council approval. (Ord. 408, 1987; Ord. 663 § 1, 2001)
§ 17.820.006 Review process.
A. The architectural review committeeplanning commission shall review and act on architectural plans concurrently with any other land use permit or entitlement application submitted to the city, such as a conditional use permit or tentative parcel or tract map.
B. The architectural review committeeplanning commission may delegate specific types of projects to the community development director for review and action.
(Ord. 408, 1987; Ord. 663 § 1, 2001)
§ 17.820.007 Design and site review criteria.
The architectural review committeeThe planning commission, community development director, and on appeal the city council, in consideration of all applications for design and site development review shall determine whether the proposed project conforms to the following criteria:
A. The proposed development shall create a well-composed urbancomply with all applicable design, harmoniously related to criteria or standards set out in this title or other facilities in city ordinance including the immediate areaCity’s Objective Design Standards for Residential and to the total setting as seen from key vantage points in the community;
B. Elements of design which have significant relationship to the exterior appearance of structuresMixedUse Projects (including Interim Standards as adopted by the City Council through Ordinance 1060) and facilities shall be given special consideration; these elements include but are not limited to height, arrangement on the site, texture, lighting, material, color, signs, landscaping, size, bulkthe City’s Commercial and scale, and appurtenancesIndustrial Design Guidelines; C. The proposed development shall be of a quality and character appropriate to, and serving to protect the value of, private and public investments in the immediate area; DB. Where the proposed development is located in an area for which a specific plan, planned development, neighborhood plan or precise plan has been adopted by the city council, the design of the development shall conform in all significant respects with such plans; EC. The proposed development shall conform with all requirements for landscaping, screening, parking, usable open space and off-street loading as set forth in this title;
F. The site development criteria set forth in Section 17.820.008; G. "The City of Brentwood Design Guidelines" Draft, dated February 1, 2001, and any other applicable specific design criteria or standards set out in this title or other city ordinance; HD. All applicable regulations of the zoning ordinance and other city ordinances, policies or resolutions. (Ord. 408, 1987; Ord. 663 § 1, 2001)
§ 17.820.008 Site development review criteria.
The following criteria shall be applied in considering all applications for design and site development review approval:
A. The siting and internal arrangement of all structures and other facilities on the site, including the land uses, internal circulation, off-street parking and loading facilities, lighting, signing and access to and from public rights-of-way, shall be conducive to an orderly, attractive, efficient and harmonious development.
B. The proposed development shall not have adverse environmental effects on adjacent developments, existing or potential, by reason of conflicts in land use, topography or traffic. (Ord. 408, 1987)
§ 17.820.009 Performance standards.
If, in the opinion of the planning commission or zoning administrator, the proposed use may cause the emission of dangerous or objectionable noise, odors, lights, dust, smoke or vibrations, the board may refer the application may be referred for investigation and report to one or more expert consultants qualified to advise as to whether a proposed use will conform to general acceptable or applicable performance standards.
Such consultant or consultants shall report in writing and a copy of such report shall be furnished to the applicant. The applicant shall be required to pay the fee for the service of such consultant(s)). (Ord. 408, 1987)
(Ord. 408, 1987)
§ 17.820.010 Conditional approval.
It is the express intent of this procedure that whenever the planning commission or zoning administrator finds that compliance with these design review criteria or site development criteria requires higher standards of development and performance than otherwise required by the applicable zone regulations, such reasonable higher standards as it deems necessary to fulfill the purposes of this procedure shall be established as a condition of design and site development review approval. (Ord. 408, 1987)
§ 17.820.011009 Termination of permit.
Unless a different termination date is prescribed, all design and site development review permits shall terminate one year from the effective date of their granting, unless actual construction or alteration under valid permits has begun within such period. However, such period of time may be extended by the planning commission upon application filed at any time before such period has expired. (Ord. 408, 1987)
§ 17.820.012010 Appeal.
Action of the planning commission or zoning administrator may be appealed pursuant to Chapter 17.880. (Ord. 408, 1987)
Chapter 17.830
CONDITIONAL USE PERMIT
§ 17.830.005 Conditional use permit criteria.
A conditional use permit may be granted only if the proposal conforms to all of the following general criteria, as well as to all other applicable specific criteria:
A. The proposed use is allowed with a Conditional Use Permit within the applicable zoning district, specific plan, or planned development and complies with all applicable provisions of this Title; B. The proposed use is in conformance with the goals, policies, and objectives of the General Plan and the purpose and intent of any applicable specific plan;
C. There are provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety; D. The design, location, size, design and operating characteristics of the proposed development must be use are compatible with and must not adversely affect the livability of appropriate development of abutting properties and the surrounding neighborhood. Consideration shallthe existing and planned future land uses within the general area in which the proposed use is to be given, but shall located and will not create significant noise, traffic or other conditions or situations that may be limited to: objectionable or detrimental to other permitted uses operating nearby or adverse to the public interest, health, safety, convenience or welfare of the city;
1. Harmony in scale, bulk, coverage and density;
2. The availability of public facilities and utilities;
3. The harmful effect, if any, upon desirable neighborhood character or the planned specialization of retail, commercial or community service areas;
4. Generation of traffic and the capacity of surrounding streets;
5. Any other relevant impact of the development;
6. The criteria set forth in Chapter 17.820 for design and site development review if applicable.
B. The location, design, landscaping and screening, and overall site planning of the proposed development will provide an attractive, useful and convenient living, working, shopping or community-service area. (Ord.E. The approval of the Conditional Use Permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA),the City’s Objective Design Standards and the City’s Commercial and Industrial Design Guidelines;(Ord. 408, 1987) Chapter 17.910
REPLACEMENT HOUSING REGULATIONS
§ 17.910.001 Purpose and intent.
The purpose of this Chapter is to implement provisions regarding replacement housing contained in the Housing Crisis Act of 2019 (Government Code Section 66300.5 et seq.), Density Bonus Law (Government Page 121 of 336 Code Section 65915 et seq.) and Housing Element law (Government Code Section 65583.2) (collectively State Replacement Housing Law) to insure that the City does not approve a development project that that does not meet the requirements of State Replacement Housing Law. § 17.910.002 Definitions.
A. “Housing Development Project” is as defined in State Replacement Housing Law.
B. “Protected Units” shall mean certain residential dwelling units as defined in State Replacement Housing Law.
§ 17.910.003 Applicability.
A. The City shall not approve or issue a building permit for a housing development project that will require the demolition of one or more residential dwelling units unless the project will create at least as many residential dwelling units as will be demolished.
B. The City shall not approve or issue a building permit for any development project that will require the demolition of occupied or vacant protected units, or that is located on a site where protected units were demolished in the previous five years, unless the development project meets all of the requirements of State Replacement Housing Law.
C. This chapter shall be applicable to all applications for development projects, a change in the number of dwelling units of existing projects, a land subdivision, and a change of a residential use to another use.
If any section of this chapter conflicts with State Replacement Housing Law or other applicable state law, state law shall supersede this chapter. References to state statutes, codes, or regulations include successor provisions.
§ 17.910.005 Requirements.
All development projects shall submit a replacement unit determination application.
Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-0
ca
Housing Plan
Section 4
Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-1
Section 4: Housing Plan
The Housing Plan described in this Chapter includes the City’s goals, policies, and objectives for the 2023- 2031 planning period. The Housing Plan addresses the need to plan for additional housing opportunities, remove constraints to affordable housing, improve the existing housing stock, and provide equal opportunities for all current and future residents of Brentwood.
These goals, policies, and programs were developed based on:
Review of the City’s 5th Planning Cycle Housing Element; Input and feedback from the community, stakeholders, and decision makers; New State law requirements; and
Analysis provided in the Community Profile and the Constraints, Resources, and Fair Housing Chapters of this 2023-2031 Housing Element.
Section 4 Contents
A. Goals, Policies, and Actions
H.1 - Housing Goal
Housing Policies
Implementing Actions
H.2 - Affordability Goal
Housing Policies
Implementing Actions
H.3 - Equitable Distribution of Affordable Housing Goal Housing Policies
Implementing Actions
H.4 - Housing Opportunities Goal
Housing Policies
Implementing Actions
B. Summary of Quantified Objectives
Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-2
A. Goals, Policies, and Actions
H.1 - Housing Goal
Facilitate a diversity of housing opportunities to enhance the City’s living environment and to satisfy the shelter needs of all Brentwood residents.
Housing Policies
Policy H.1-1: Encourage adequate residential sites with densities distributed throughout the City for the production of new for-sale and rental residential units, emergency shelters, and transitional and supportive housing sites for existing and future residents. Policy H.1-2: Endeavor to ensure the supply of safe, decent, and sound housing for all residents. Policy H.1-3: Provide incentives for water and energy conservation measures in new housing and substantial housing rehabilitation projects.
Policy H.1-4: Encourage multi-family rental units for Brentwood’s population that include an adequate variety of choices of product types, price, unit sizes, amenities, and location of housing in the community and maintain an adequate supply of rental housing available to very-low-, lowand moderate-income persons. Minimize displacement of tenants, particularly seniors, disabled, and low- and moderate-income residents in rental apartments and encourage ownership of lower-cost residential units by prior renters through the regulation of condominium conversions.
Implementing Actions
Action H.1a: Biennial Evaluation
Conduct a biennial evaluation of the City's inventory of available sites, including very high-density residential sites, and take appropriate action to ensure an ongoing supply of available sites at appropriate densities to meet projected housing needs. This biennial evaluation shall include an assessment of the effect of the City’s midrange density land use policy to ensure that it does not become a barrier or impact the cost to the development of additional housing opportunities and hinder the efficient use of the City’s available vacant residential land supply. The biennial evaluation will also include an evaluation of factors such as built densities, development standards such as parking requirements, processing time, and impacts on approval and development costs. If the evaluation identifies constraints, the City will take action within one year to mitigate its impacts on development. In addition, should the Residential Growth Management Program be reinstated, the City shall evaluate the program for consistency with SB 330 requirements and include an evaluation of any impacts or constraints on the development of housing.
Objectives:
Maintain adequate residential sites.
Biennial evaluation of available sites, the City’s midrange density land use policy, and factors such as built densities, processing time, and impacts on approval and development costs. Adopt amendments within one year if constraints are identified.
Timing: Biennial review and evaluation; amendments to occur within one year, if constraints are identified
Responsible Agency: Community Development Department, Planning Commission, City Council Funding Source: General Fund
Brentwood 2023-2031 Housing Element
Section 4: Housing Plan 4-3
Action H.1b: Accessory Dwelling Units
The City is projecting 14 ADUs per year throughout the planning period – this is based on development trends since 2019 and does not exceed the total average. The City shall support and accommodate the development of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) during the 2023-2031 planning period to meet projection figures detailed in Appendix B of this Housing Element.
Objectives:
Amend the ADU ordinance to comply with State law.
Implement a permit-ready ADU program (pre-approved ADU plans that do not require additional review).
Post a user-friendly FAQ on the City’s website to assist the public and advertise ADU resources across online social media platforms.
Create an expedited plan check review process.
Research potential State and Regional funding sources for affordable ADUs and make information publicly available.
Timing: Amend the ADU ordinance by January 2025; Implement remaining objectives by January 2026; review ADU development annually; make program changes, if necessary, within six months Responsible Agency: Community Development Department
Funding Source: General Fund
Action H.1c: ADU and JADU Monitoring
The City shall monitor the development of ADU and JADU applications, location, affordability, and other relevant features to ensure adequate ADU development is occurring to meet the City’s 2023-2031 development goals. The City shall evaluate the need to adjust policies and actions if the pace of applications and development is less than anticipated in Appendix B. Should changes need to be made due to a gap in the numbers of ADUs projected and the number of ADUs permitted, the City shall make changes proportional to the gap identified. For example, if actual production and affordability of ADUs is far from anticipated trends, then density or fee incentives for projects incorporating ADUs or something similar would be an appropriate action. If actual production and affordability is near anticipated trends, then measures like outreach and marketing might be more appropriate.
Objectives:
Create and implement an ADU and JADU monitoring program. Annually review development trends and make changes proportional to potential gaps as needed – by the midpoint of the planning period, if actual production and affordability of ADUs is not keeping pace with assumed trends in the inventory, the City shall establish a process to provide additional incentives which may include, but are not limited to, density increases, fee incentives, or other strategies for projects incorporating ADUs, or other similar actions. If actual production and affordability is near anticipated trends, then measures like outreach and marketing might be more appropriate.
Timing: Create a monitoring program by January 2025; annually review development trends and by the midpoint of the planning period; make program changes, if necessary, within six months Responsible Agency: Community Development Department
Funding Source: General Fund